There have been many lawsuits filed around the country in which trial courts have ordered hospitals to grant emergency clinical privileges to existing and non-medical staff members in order to treat COVID patients with Ivermectin. This is true even though the CDC and other organizations have determined that such treatment is not beneficial to patients and may even cause harm. In addition, these trial court orders have ignored the fact that in forcing the grant of these emergency privileges hospitals are violating the Medicare Conditions of Participation, state and federal laws, accreditation standards and their own bylaws.
The Wisconsin Appellate Court in this case overturned a trial court ruling which imposed this requirement on a hospital. It ruled that the trial court had no legal authority or impose such an order. The Wisconsin Supreme Court has agreed to hear the case on appeal. While there are other appellate court decisions which similarly have reversed these erroneous trial court rulings this appears to be the first state supreme court which has agreed to weigh in on the scope of a court's authority to force a hospital to violate its own policies in the treatment of COVID patients.
{"The opening line in our brief says it all: physicians are 'ethically and legally bound to provide quality, evidence-based medical care to their patients.' Any order compelling a physician or a hospital to do something that falls below even the minimum standard of care goes beyond troubling — it's quite honestly scary," Molaska said.
