Legal Opinion · Dissent

Lagerstrom v. Myrtle Werth Hospital-Mayo Health System

Wisconsin Supreme Court

Decided July 14, 2005No. 2003AP2027Published

1DissentDavid T. Prosser, J.

¶ 123. 0dissenting). The plaintiff-appellant challenges the constitutionality of Wis. Stat. § 893.55(7). She also claims that the admission of "prejudicial evidence of collateral source payments so that [she] was awarded only her out-of-pocket medical expenses instead of the reasonable value of the *60medical expenses incurred" entitles her to a new trial as to medical expense damages. The majority opinion reformulates the issues, and then eviscerates a key component of the medical malpractice statute. Because the court's decision countermands legitimate legislative action, I respectfully…

2Cases cited27 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. Powers v. Allstate InsuranceWisconsin Supreme Court · 1960
  3. Garrity v. Rural Mutual InsuranceWisconsin Supreme Court · 1977
  4. Lambert v. WrenschWisconsin Supreme Court · 1987
  5. Campbell v. SutliffWisconsin Supreme Court · 1927

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