Legal Opinion · Dissent

Joers v. Department of Health & Social Services

Wisconsin Supreme Court

Decided April 12, 1974No. 105Published

1DissentRobert W. Hansen, J.

When is a patient or his estate liable for his care and treatment in Central State Hospital? The statute provides for such patient liability “in any charitable or curative institution of the state.” 1 Central State Hospital is such institution 2 but not as to all commitments made to it.3

When is the Central State Hospital a “charitable or curative institution of the state” and when is it not so? In the Treglown Case, this court construed “the nature and purpose of the commitment in a particular case.” 4 In each category of cases at least the court “. . . must inquire into the exact purpose and…

2Cases cited7 opinions

  1. Zimmerman v. Wisconsin Electric Power Co.Wisconsin Supreme Court · 1968
  2. Kindy v. HayesWisconsin Supreme Court · 1969
  3. City of Sun Prairie v. Public Service CommissionWisconsin Supreme Court · 1967
  4. Treglown v. Department of Health & Social ServicesWisconsin Supreme Court · 1968
  5. Sprain v. State Board of ControlWisconsin Supreme Court · 1935

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