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Re: Wisconsin Caps capped From: Garry E. Siegel, M.D. (garrys@mindspring.com) Sun Jul 31 10:59:50 2005 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped" Previous message: DoctorJoe@aol.com: "Wisconsin Caps capped" In reply to: DoctorJoe@aol.com: "Wisconsin Caps capped" Next in thread: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped" Reply: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped" Reply: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped" 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 Next message: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped" Previous message: DoctorJoe@aol.com: "Wisconsin Caps capped" In reply to: DoctorJoe@aol.com: "Wisconsin Caps capped" Next in thread: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped" Reply: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped" Reply: Robert J. Carpenter, Jr. MD: "Re: Wisconsin Caps capped"

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