Justia Health Law Opinion SummariesArticles Posted in Wisconsin Supreme Court
Jandre v. Physicians Ins. Co. of Wis.
Thomas and Barbara Jandre filed an action against, inter alia, a physician and her insurer, asserting (1) the physician negligently diagnosed Thomas with Bell's palsy, and (2) the physician breached her duty to inform a patient by failing to inform Thomas of a diagnostic test that was available to rule out the possibility of a stroke. The circuit court found that the physician's diagnosis of Bell's palsy was not negligent but that the physician was negligent with respect to her duty to inform the patient. The court of appeals affirmed. The Supreme Court affirmed the decision after applying the reasonable patient standard, holding that under circumstances of the present case involving a non-negligent diagnosis of Bell's palsy, the circuit court could not determine, as a matter of law, that the physician had no duty to inform Thomas of the possibility that the cause of his symptoms might be a blocked artery and of the availability of alternative, non-invasive means of ruling out or confirming the source of his symptoms. View "Jandre v. Physicians Ins. Co. of Wis." on Justia Law
Covenant Healthcare Sys., Inc. v. City of Wauwatosa
Covenant Healthcare, the sole member of a regional medical center that owns an outpatient clinic, constructed a building in the City of Wauwatosa to house the outpatient clinic. Covenant sought a tax exemption with the City for the clinic as property used exclusively for the purpose of a hospital under Wis. Stat. 70.11(4m)(a). The city assessor denied the exemption. After paying the assessed tax, Covenant brought an action to recover the amount of the City's allegedly unlawful assessment. The circuit court concluded that the clinic was exempt from taxation pursuant to the statute. On appeal, the court of appeals reversed. On review, the Supreme Court reversed the decision of the court of appeals, holding (1) the outpatient clinic is used for the primary purposes of a hospital and therefore qualifies as tax-exempt property under the statute; (2) the outpatient clinic is neither a doctor's office nor a property used for commercial purposes within the meaning of the statute; and (3) no benefit inures to any member of the medical center because the term "member" under the statute does not include not-for-profit entities.