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Involuntary Medication and Treatment

WI Court of Appeals – District I

Case Name: Milwaukee County v. D. H.

Case No.: 2022AP001402

Officials: White, J.

Focus: Involuntary Medication and Treatment

Dan appeals from the circuit court order granting Milwaukee County’s request for involuntary medication and treatment. Dan argues that the County failed to satisfy its burden to prove that the County’s medical expert witness had given the patient a reasonable explanation of the advantages and disadvantages, side effects, and alternatives to the prescribed involuntary medications and treatment. Upon review, the appeals court concludes that the County failed to satisfy its burden; therefore, the circuit court’s order was erroneously granted. The County failed to prove that Dan was given a reasonable explanation of the advantages, disadvantages, and alternatives to his prescribed medications for his mental illness in order to make an informed choice as to whether to accept or refuse the medication. Without the County proving that a reasonable explanation was given to Dan, The appeals court further concludes that the County has not shown by clear and convincing evidence that Dan was “substantially incapable of applying” or “incapable of expressing” an understanding of those matters.

Reversed and remanded with directions to vacate the medication order.

Decided 03/07/23

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