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Re: Wisconsin Caps capped From: Robert J. Carpenter, Jr. MD (zygote@icsi.net) Sun Jul 31 13:03:05 2005 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: DoctorJoe@aol.com: "Re: Wisconsin Caps capped" Previous message: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped" In reply to: Garry E. Siegel, M.D.: "Re: Wisconsin Caps capped" Next in thread: DoctorJoe@aol.com: "Re: Wisconsin Caps capped" I just downloaded the Wisc court opinion. It has 131 pp therefore will take more than just a little while to review. Given test in 10 days, will be after 8/12/05. On 31 Jul 2005 at 11:00, Garry E. Siegel, M.D. wrote: > Joe: What is a rational basis review, and why is it held in such low > esteem? > > Garry > > At Sun, 31 Jul 2005, DoctorJoe@aol.com wrote: > > > >Did we already know this? Or was it another state recently that > >dropped cap ? > > > >MED-MAL RULING HAS DOCTORS REELING > >Wisconsin Damage Cap Wiped Out in Rational Basis Review > > > >BY JOHN GIBEAUT > > > >As any constitutional law student knows, rational basis review is the > >lowest of the low. > > > >But it was high enough for the Wisconsin Supreme Court to wipe out as > >an equal protection violation a cap on some medical malpractice > >damages. And i was enough to leave the state’s medical > >establishment reeling. > > > >The court also cut off federal appeals by deciding the case solely > >under the Wisconsin Constitution, effectively painting physicians and > >their legislative allies into a corner as they pondered a fix. > > > >"We had just figured out how  to deal with the legislative branch, > >and now the supreme court comes along,"  complains Mark M. > >Grapentine, a lobby st for the Wisconsin Medical Society,  which > >filed an amicus brief along with the American Medical  Association. > > > >Moreover, the highly detailed and carefully crafted opinion  also > >caug t the attention of plaintiffs lawyers outside Wisconsin who > >are  searching f r arguments to fend off looming homegrown damage > >limits that doctors  sa will curb their malpractice insurance > >premiums. > > > >Read the rest of the  article here: > > > >_http://www.abanet.org/journal/ereport/jy29cap.html_ > >(http://www.abanet.org/journal/ereport/jy29cap.html) > > > >Joe P. > > -- > Garry E. Siegel, M.D. > Private Practice > Roswell, GA > -- Robert J. Carpenter, Jr. MD 6624 Fannin, #2720 St. Luke's Medical Tower Houston,TX 77030-2339 713-795-4600 Next message: DoctorJoe@aol.com: "Re: Wisconsin Caps capped" Previous message: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped" In reply to: Garry E. Siegel, M.D.: "Re: Wisconsin Caps capped" Next in thread: DoctorJoe@aol.com: "Re: Wisconsin Caps capped"

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