Patient Rights Continue in Limbo

Date: May 10, 2023
Host: Jim Schneider
​Guest: Karen Mueller
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    Karen Mueller is founder and General Counsel for Amos Center for Justice and Liberty.

    Last December on Crosstalk, Karen introduced listeners to a pending Wisconsin Supreme Court case titled: Allen Gahl v. Aurora Health Care, Inc.  At stake is the issue of patient rights and what are those rights when a hospital refuses to provide a standard of care that the patient or the patient’s representative requests.

    Allen Gahl is the nephew of, and medical power of attorney for, John Zingsheim.  John became the focus of this case after he entered the hospital in September of 2021.  Aurora Summit Hospital in Waukesha County diagnosed him with COVID-19 and placed him on a ventilator.  He wanted to be given Ivermectin, so Allen began requesting that from the hospital, however, they refused.

    Karen then returned to Crosstalk in January of this year after submitting oral arguments to the Wisconsin Supreme Court.  She informed listeners that in a two day conference hearing with lawyers, a judge decided that John had a right to get Ivermectin as long as it was an outside doctor that the family found that could be credentialed, enter the hospital, and administer the Ivermectin.  Before the order could be fulfilled, the appellate court intervened and stayed the order on the granting of the Ivermectin.

    Karen’s arguments were not about what treatment is best for COVID-19. Instead, she argued that this case is about the health care power of attorney and the rights that the legislature had given to Wisconsin citizens.

    Last week the Wisconsin Supreme Court rendered its opinion 6-1 against the case presented by Karen.  Instead of ruling on the merits of the case, they tailored a ruling that says because the appellate court hadn’t properly documented all of the reasons in their order, the court had committed discretionary error. 

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