Community Grievance Decision Digest
SAFETY, RIGHT TO
The decision summaries regarding this law may be found in the document:
Community Grievance Decision
Digest: Decisions. (PDF, 512KB)
THE LAW:
"...[Hospital] facilities shall be designed to afford patients with ..safety..."
ss. 51.61(1)(m), Wis. Stats. [Emphasis added.]
"Staff shall take reasonable steps to ensure the physical safety of all patients."
DHS 94.24(2)(a), Wis. Admin. Code [Emphasis added.]
DECISIONS
- A woman complained about her doctor, alleging that the medications he prescribed for her may have caused
an adverse heart reaction leading to an emergency visit to the hospital. This allegation was reviewed
by the Bureau of Regulation and Licensing (BRL), which reviews medical allegations of malpractice or injury to others. BRL did
not find that the heart reaction and emergency room visit was necessarily caused by the medication. The grievance process defers to BRL’s
medical expertise on such issues and thus there was no finding of any rights violation. (Level III decision in Case
No. 00-SGE-03 on 9/12/01.)
- The county is ultimately responsible for the health and safety of a client
to whom they provide services.Even though they have a contract for an independent service provider to do the
hands-on services, the contracted agency’s failure to perform its duties is also the county’s failure. The
county must monitor the providers it contracts with in order to ensure that vital services are provided
for their clients. (Level III Decision in Case No. 03-SGE-04 on 6/15/04.)
Last Updated: July 12, 2010
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