MADISON, Wis. - In Wisconsin, the concept of "informed consent" means a doctor must give the patient the tools necessary to make an informed decision about their care. However, the state Legislature is considering changing that law, to let doctors decide which treatments or diagnoses patients should know about.

A doctor's failure to obtain informed consent is a form of malpractice, said Meg Gaines, a University of Wisconsin law professor, adding that such cases are very rare.

"Frankly, it doesn't happen that often in Wisconsin, and I think that's fine," she said. "That's not the point. The point is that we need to move forward on engaging patients in determinations about what should happen next."

Current law is based on having reasonably informed patients make the ultimate decision about what they want their doctor to do.

Gaines described a "reasonably informed patient" as "neither someone who says, 'I don't want to know anything, doc, just do what you gotta do' - which is sort of, probably unreasonably, not wanting to know - nor a patient who says, 'I need to know everything down to the microscopic level. I want to see all the tapes, all the results, I want to talk to all the physicians you had reading my diagnostic tests, I want, I want, I want ...' "

There were 117 cases filed alleging malpractice in Wisconsin in 2012. Gaines said that isn't many.

"If you are an insurance carrier for malpractice in the average state, you pay out 83 cents on every dollar you take in in premiums," Gaines said. "In Wisconsin, you pay out 45 cents."

Before taking away a patient's right to self-determination, Gaines said lawmakers should be taking more time to carefully consider such a fundamental revision.

"We seem to have driven right past that exit - or, at least, we seem to be driving right past that exit in this bill," she said, "and I hope that we will pull off at roadside assistance and get ourselves a Blue Ribbon Commission."

Supporters of the proposed change in the law said it addresses a malpractice problem, but Gaines said it's a problem that doesn't exist in Wisconsin. The State Assembly will discuss the bill Thursday.

The measures are AB-139 and SB-137.


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Whether it's Hurricane Ian, Fiona or other weather disasters, people are being warned about donating to fraudulent charities. Scams have become common during disaster relief efforts, according to national and state watchdog agencies.

Kristen Johnson, director of communications at the Better Business Bureau of Connecticut, shared some red flags: Be wary of any unsolicited text messages, and check what percentage of your donation goes to the cause. Any service fee should be very modest. She also urged people to be careful with crowdfunding websites.

"A lot of people will go on a crowdfunding website and see someone that's giving to charity, and they will think, 'Oh, this is an easy way for me to give my donation.' But, you really need to do your research," Johnson cautioned, "Because not all crowdfunding websites vet the people who are collecting donations."

Instead, she advised people to donate directly to the charity themselves. To prevent losing any money in a possible scam, Johnson recommended using a credit card, so you can dispute incorrect charges. When it comes to donating, she suggested giving to experienced charities who are already working on disaster relief in the area.

As other, equally powerful storms bear down on other areas of the Caribbean and Mainland U.S., numerous charities will be collecting aid for the damage. Though people can find plenty of legitimate places to donate to certain causes, Johnson acknowledged the issue of fake charities is widespread.

"It happens so often," Johnson pointed out. "It's not just natural disasters, but I would point to Ukraine. After the war started breaking out in Ukraine, we started receiving reports on BBB scam tracker of people who thought they were donating to a legitimate charity and realized after the fact that they weren't."

While scams regarding recent storms have not yet been as widely reported, the Better Business Bureau does have an online tool where people can report fishy organizations. Johnson added some people feel a sense of shame about being conned, but confusion can be widespread, and reporting their experience helps prevent others from being taken in.

Evidentiary hearings are underway in a Washington, D.C., courtroom this week, to decide if a massive lawsuit against the cellphone industry will be allowed to go to trial.

Multiple families are suing most of the major wireless companies and their trade association, asking for hundreds of millions in damages, claiming cellphone use causes brain tumors.

Monique Solomon Martinazzi, a plaintiff whose husband Andy passed away at age 43, said he had a brain tumor which developed right where he used to hold his cellphone.

"When cellphones first came out he got one of the original battery-held Motorolas," Solomon Martinazzi recounted. "And it was held to his ear 6-7 hours a day. He was in commercial real estate. And we just felt so strongly that was the reason the brain tumor developed where it did."

The industry trade association and Motorola did not immediately respond to a request for comment, but they have said their products are safe and comply with all government standards.

The lawsuit claims the Federal Communications Commission standards are outdated and pointed to a government study showing exposure to cellphone radiation can cause brain and heart tumors in rats.

Industry lawyers argued in court if cellphones caused cancer, we'd be seeing an epidemic of tumors.

Ellie Marks, founder of the California Brain Tumor Association and another plaintiff whose husband Allan has had two brain surgeries so far, said the industry and the government are ignoring the evidence.

"There is a rise in primary brain tumors, especially gliomas, especially in the younger population," Marks pointed out. "These tumors used to only be seen in those over 65. Now we're seeing people in their 20s, 30s, 40s, 50s, perishing from this."

The families are claiming wrongful death, personal injury and loss of consortium.

Dr. Joel Moskowitz, director of the Center for Family and Community Health in the School of Public Health at the University of California-Berkeley, said if a U.S. court rules cellphone use leads to brain cancer, the implications are huge.

"It probably would lead to many additional cases being filed by brain cancer victims," Moskowitz explained. "It also may force our government to finally take this issue seriously."

In related news, a judge in Canada recently ruled a class-action lawsuit can go forward against Apple and Samsung. The plaintiffs claimed cellphones emit more than the allowable levels of radiation, and the defendants knowingly harmed users.

The work of some nonprofit organizations has only increased with the pandemic and the needs that have come from it. An author and expert in the field of trauma speaks at a Montana conference today about many workers' feelings of being overwhelmed.

Laura van Dernoot Lipsky, founder and director of the Trauma Stewardship Institute and author of "The Age of Overwhelm", said there's a cycle for nonprofits in which they become overextended because of structural issues within society, which in turn affects their workers.

"You have individuals who are trying to sustain doing this exceedingly hard work," she said, "but in environments where it's almost impossible to do it or near impossible to do it."

van Dernoot Lipsky said it also can be hard for workers because of their vicarious exposure to trauma over time, or when they work in environments where there's high burnout. About one in nine Montanans works in the nonprofit sector.

The Montana Nonprofit Association's annual GATHER conference is taking place virtually this week and in-person next week in Helena.

Van Dernoot Lipsky said it's important for organizations to reconcile the fact that they won't be able to meet all the needs in their community.

"And when you have these very devoted folks working for you," she said, "we've got to honor and make sure that the work environment is sustainable for them, so that we are not inadvertently causing harm to the very folks who are doing this work in an effort to reduce harm out in society."

Van Dernoot Lipsky said people in the nonprofit industry who are feeling depleted or disheartened should understand that they are not alone.

"One of the messages that I think is very important is for folks to remember that whatever they've got going on, they are in really good company and that they're not alone and it's not just them," she said. "And so, just wanting to make sure that we interrupt that isolation, anywhere we possibly can."