(Download) "Szymczak v. Terrace At St. Francis" by State of Wisconsin in Court of Appeals District I ~ eBook PDF Kindle ePub Free
eBook details
- Title: Szymczak v. Terrace At St. Francis
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 28, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1 James Szymczak appeals the grant of summary judgment to The Terrace at St. Francis ("the Terrace"), a nursing home affiliated with St. Francis Hospital, in his suit seeking to compel it to release his mothers medical records and to pay him monetary damages pursuant to WIS. STAT. 146.84(1)(b) (2003-04). Szymczak argues that the trial court erred in granting summary judgment to the Terrace because: (1) his request for his mothers medical records conformed with the informed consent requirements set out in WIS. STAT. 146.83; and (2) under 146.84, the Terraces refusal to release the records was knowing and willful, thus entitling him to damages. We determine that when the Terrace refused to honor Szymczaks request for the records due to its belief that Mrs. Szymczak was possibly "incompetent to consent to the release of [medical] records," pursuant to WIS. STAT. 146.81(5), it was obligated to seek a temporary guardian for Mrs. Szymczak. Consequently, summary judgment was improvidently granted. Therefore, we reverse and remand this matter to the trial court for further proceedings consistent with this opinion to determine whether the Terraces refusal to release Mrs. Szymczaks medical records was "knowing and willful" pursuant to WIS. STAT. 146.84(1)(b).