UPDATE - Malpractice Leads to Unusual Writ of Mandamus

The Warshafsky Law Firm recently filed a very unusual Writ of Mandamus to determine why the Medical Examining Board has not taken action against Dr. Cully White, a D.O based in Milwaukee. To recap, plaintiff Kenneth Plants alleged that Dr. White operated on the wrong side of his back, causing severe and permanent debilitating injuries. The case settled in the Summer of 2009 for 2.9 million. A Writ of Mandamus was filed to determine why, after being provided with ALL the medical records and pertinent testimony, the Medical Examining Board has failed to take any action against Dr. White.

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 Order signed by Judge Cooper is a step further in the plaintiffs' ultimate goal - to figure out why, after receiving every piece of documentation if may need to discipline Dr. White, the Board has not yet taken action against Dr. White and failed to respond to the Warshafsky Law Firm's request for information. The testimony of Musser and Sankbiel will hopefully shed light on how doctors in Wisconsin are disciplined, and how long it takes determine appropriate discipline.

The show cause motion is set for August 13, beginning at 10:30 A.M. The hearing is open to the public.