Disability Rights v. University of Wisconsin

I blogged about this case over four years ago when it was first filed.  Disability Rights Wisconsin sued the University of Wisconsin and several individual physicians over their "plan of noncare" for several patients.  



Basically, DRW's argument is that because these patients were not permanently unconscious Wisconsin law does not allow life-sustaining treatment to be withdrawn (see, e.g., Edna MF; Montalvo).  In other words, the substitute decision makers in this case did not have the authority to authorize withholding or withdrawing of treatment and the clinicians knew that (or should have known that).  



In December 2013, after settling some federal claims with the University, DRW lost on some state law claims against individual clinicians at the trial court level.  The parties are now briefing an appeal to the Wisconsin Court of Appeals.