Wisconsin Hospitals Applaud Signing of Jandre Legislation
MADISON (December 13, 2013) ----- In a bill signing ceremony in Madison December 13, Governor Scott Walker signed into law Assembly Bill 139 which addresses the Wisconsin Supreme Court’s Jandre decision.
The State Supreme Court’s Jandre decision created an unclear standard for physicians to meet when obtaining patients’ informed consent prior to providing treatment.
“Left unaddressed, the provider community has been concerned that the Jandre decision would lead to increased health care costs related to the overutilization of tests and, because of those tests, unnecessary angst and increased potential risks for our patients,” said WHA Executive Vice President Eric Borgerding. “WHA would like to thank Rep. Jim Ott and Sen. Glenn Grothman for authoring AB 139 and shepherding this important bill through the legislative process. We would also like to thank Governor Walker for his support of this legislation, which will allow Wisconsin hospitals and health systems to continue providing high-quality, efficient, outcome-focused care.”
The new law establishes a reasonable physician standard for physicians to meet when providing patients with information about the risks and benefits of reasonable alternate modes of treatment. It also addresses the Jandre decision by making it clear that a negligent diagnosis claim is separate from an informed consent claim.