HOEM v. STATE

No. 87-41.

756 P.2d 780 (1988)

Sheri I. HOEM, Plaintiff, v. The STATE of Wyoming and The University of Wyoming, acting By and Through The University of Wyoming Student Health Service; T.E. Cronkleton, M.D.; Bertrand N. Honea, M.D.; and Does I-X, inclusive; The Attorney General of the State of Wyoming, or his designee, in his capacity as Director of the Wyoming Medical Review Panel and the Wyoming Medical Review Panel, Defendants.

Supreme Court of Wyoming.

June 14, 1988.


Attorney(s) appearing for the Case

John B. "Jack" Speight, Blair J. Trautwein and Michael Rosenthal of Hathaway, Speight, Kunz, Trautwein & Barrett, Cheyenne, for plaintiff.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., and Karen A. Byrne, Asst. Atty. Gen., for State of Wyo., Atty. Gen. of State of Wyo., or his designee, in his capacity as Director of Wyoming Medical Review Panel and Wyoming Medical Review Panel, defendants.

Nicholas G. Kalokathis of Lathrop & Uchner, P.C., Cheyenne, for University of Wyoming, acting by and through the University of Wyoming Student Health Service and T.E. Cronkleton, M.D., defendants.

W.W. Reeves and M. Greg Carlson of Reeves & Murdock, Casper, for Bertrand N. Honea, M.D., defendant.

Robert W. Tiedeken of Terry W. Mackey, P.C., Cheyenne, for Wyoming Trial Lawyers Ass'n, amicus curiae.

John E. Stanfield of Smith, Stanfield & Scott, Laramie, for Ass'n of Trial Lawyers of America, amicus curiae.

Richard Rideout of Freudenthal, Salzburg, Bonds & Rideout, P.C., Cheyenne, for Wyoming Medical Soc., Inc., Wyoming Hosp. Ass'n, Inc., Wyoming Health Care Ass'n and Wyoming Dental Ass'n, amici curiae.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.


MACY, Justice.

This Court is asked to determine the constitutionality of the Wyoming Medical Review Panel Act, § 9-2-1501 et seq., W.S. 1977. We hold that the act is unconstitutional because it violates the equal protection clause of the state constitution.

The act was passed in 1986 for the following purpose:

"[T]o prevent where possible the filing in court of actions against health care providers and their employees for professional liability...

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