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UPDATE - Writ of Mandamus

By Eric M. Knobloch • Jul 30th, 2010 • Category: Civil Litigation, Newest Post, Personal Injury Law

I blogged last week about a Writ of Mandamus directed towards the State Medical Examining Board.  Just this week, Milwaukee County Judge Thomas Cooper signed an Order to Show Cause, which requires Defendant Kelly Sankbiel to appear in court and provide testimony as to why the Medical Board should not provide the petitioner with a report regarding the Board’s investigation of Dr. White, and to explain what steps the Board has taken in furtherance of said report, should it not exist.

Also Ordered to appear is Dr. Gene Musser, Chairman of the Wisconsin Medical Examining Board. He has been ordered to explain the details of the investigation by the Board, and what information the Board still needs to complete its investigation, should it request additional information.

The show cause Order has many implications beyond this particular case.  Presumably, the Board will now have to explain the reasons it may take upwards of 10 years for it to discipline a doctor found to be negligent.  It will also have to explain the steps it takes and the timeframes involved in its investigation of Wisconsin doctors accused of malpractice.  Some predict that what is lingering behind is the scenes is a Board that wants to protect its own doctors.  Other predict is simply a case of budge constraints and the limited capabilities of the Board.  Either way, the Order will allow the public a glimpse at how Wisconsin doctors are disciplined, and hopefully provide more transparency for patients to choose skilly doctors.

Both Kelly Sankbiel and Dr. Gene Musser will appear before Milwaukee County Circuit Court Judge Thomas Cooper on August 13th, 2010 at 10:30 A.M to respond to the Order.  The hearing is open to the public.

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Eric M. Knobloch is a Personal Injury Attorney with the Warshafsky Law Firm. Eric specializes in auto accidents, civil rights violations and premises liability. Eric can be reached by: Phone: 414-276-4970 E-mail: [email protected] Website: www.warshafsky.com Fax: 414-276-5533 Address: 839 N. Jefferson Street, Suite 300 Milwaukee, Wisconsin 53202
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