In Kennedy v. Gander (2020AP218), the District IV Court of Appeals held that a lawsuit against a nonprovider employee of a health care provider could not proceed because the employer was not a party to the suit.

Facts

Kennedy received treatment from Gander, a physician assistant, at a facility operated by SSM Health. Kennedy and her parents filed a medical malpractice lawsuit against Gander, SSM, and the Injured Patients and Families Compensation Fund, alleging negligence in Gander’s treatment of Kennedy, among other claims. After Kennedy and SSM stipulated to the dismissal of all claims against SSM, both the Compensation Fund and Gander argued that the Kennedys could not pursue a claim against them. Following briefing and argument, the circuit court entered orders dismissing all claims against Gander and the Compensation Fund. The circuit court determined that as an employee of SSM, Gander could not be named as the sole defendant in a medical malpractice action.

Discussion

The court referred to Wis. Stat. § 655.002, which defines two groups of health care providers who can be held liable for medical malpractice: individual licensed physicians and nurse anesthetists, and health care organizations, partnerships, and corporations. The court found that because Gander, a physician assistant, was not a statutorily-defined health care provider, the suit could not proceed against him once the claims against SSM had been dismissed. The court affirmed the circuit court’s order dismissing the Kennedys’ claims against Gander.

This opinion was not recommended for publication in the official reports.