Re: Wisconsin Caps capped
From: Anna Meenan, MD (annam@uic.edu)
Mon Aug 1 09:42:17 2005
Still waiting for Gov. Blago to sign the law that passed in Illinois.
--
Anna Meenan, MD
At Mon, 1 Aug 2005, Gordon M. Goldman wrote:
>
>Inquiry with regard to Missouri's recently passed caps for non-economic damages, produced the following response from the State society.
>
>While we never rest easy, there is comfort in knowing that Missouri's cap on non-economic damages has already passed Supreme Court muster. In 1992 the high court held that the cap does not violate equal protection or due process, nor does it deny plaintiffs a lawful remedy for a wrong done. Although there never are any guarantees, the court would have to reverse itself to strike down the cap. That is a rare event.
>
> Keep your fingers crossed. August 28 (HB 393's effective date) approacheth.
>
>Gordon
>
>-----Original Message-----
>From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of art fougner, md
>Sent: Monday, August 01, 2005 6:50 AM
>To: Multiple recipients of list OB-GYN-L
>Subject: Re: Wisconsin Caps capped
>
>Mark Levin's "Men In Black" should be required reading for every
>American ...
>
>art
>
>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,"Â 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.
>
>--
>art fougner, md
>
> "If you don't know where you are going, you will wind up somewhere else."
>Lawrence Peter Berra
>
