Patient’s Rights

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WI Court of Supreme Court

Case Name: Allen Gahl v. Aurora Health Care, Inc.

Case No.: 2021AP001787-FT

Officials: Ann Walsh Bradley, J.

Focus: Patient’s Rights

The petitioner, Gahl holds health care power of attorney for his uncle, Zingsheim. At the time this case was filed, on October 7, 2021, Zingsheim was a patient in Aurora’s care after testing positive for COVID-19. Gahl seeks review of a published decision of the court of appeals reversing the circuit court’s issuance of an injunction. That injunction compelled Aurora Health Care, Inc., to administer a certain medical treatment to Zingsheim. The court of appeals determined that Gahl’s claim must fail because he did not identify a source of law that (1) would give a patient or a patient’s agent the right to force a health care provider to administer a treatment the health care provider concludes is below the standard of care, or (2) could compel Aurora to put an outside provider that would provide such care through its credentialing process.

Gahl contends that the court of appeals erred in reversing the circuit court’s order. Specifically, he asserts that the circuit court has the authority to issue an injunction in the present circumstances, and that the injunction the circuit court issued was a proper exercise of its discretion. Aurora disagrees. It argues that neither Gahl nor the circuit court identified a source of law that gives the circuit court the authority to compel a health care provider to administer a treatment that it believes is below the standard of care.

The supreme court holds that the circuit court erroneously exercised its discretion by issuing an injunction without referencing any basis demonstrating that Gahl had a reasonable probability of success on the merits of some type of legal claim.

Decided 05/02/23

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