Wisconsin’s Med Mal Decision Upsets Doctors

The Wisconsin Supreme Court struck down the state’s med mal cap, saying that even under the rational basis test the cap did not meet constitutional muster. The med mal insurances companies and the docs are upset. What the insurance companies and the doctors don’t understand is that rational basis does not mean “any ole reason that some lobbyist and pr flack can speculate about” – at least not to real judges who take their job as guardians of the right to trial by jury seriously.