PAYNE v. MILWAUKEE SANITARIUM FOUNDATION, INC.

No. 75-405.

81 Wis.2d 264 (1977)

260 N.W.2d 386

PAYNE, Individually and as Special Administrator of the Estate of Gladys B. Payne, Respondent, v. MILWAUKEE SANITARIUM FOUNDATION, INC., d/b/a Milwaukee Sanitarium Foundation and Milwaukee Psychiatric Hospital, Appellant.

Supreme Court of Wisconsin.

Decided December 13, 1977.


Attorney(s) appearing for the Case

For the appellant there was a brief by Robert C. Watson and Arnold, Murray & O'Neill, with oral argument by Mr. Watson, all of Milwaukee.

For the respondent there was a brief by Stewart G. Honeck, Roy W. Arndt and Michael E. McMorrow, with oral argument by Mr. Honeck, all of Milwaukee.


ROBERT W. HANSEN, J.

It was not too long ago that hospitals for the mentally ill were known as asylums for the insane. Emphasis was upon the custodial aspect of the institutionalization—barred windows, locked doors, straitjackets and physical restraint to prevent inmates from harming themselves or others.

Today, with more known about the cause and cure of mental illness, the mental hospital has become primarily a treatment facility. While maximum security...

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