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GANDHI v. MEDICAL EXAMINING BOARD

No. 91-2044.

168 Wis.2d 299 (1992)

483 N.W.2d 295

Yogesh N. GANDHI, M.D., Petitioner-Appellant, v. STATE of Wisconsin MEDICAL EXAMINING BOARD, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided March 25, 1992.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Stephen M. Glynn and James A. Walrath of Shellow, Shellow & Glynn, S.C. of Milwaukee.

On behalf of the respondent-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and William H. Wilker, assistant attorney general.

Before Nettesheim, P.J., Brown and Snyder, JJ.

BROWN, J.

The major issue is the proper standard of proof to be used by the Medical Examining Board. Pursuant to statute, the Board uses the "preponderance of the evidence" standard in disciplinary actions involving physicians. Yogesh N. Gandhi, M.D., argues that the standard used in his hearing violated his constitutional guarantees of due process and equal protection. We do not agree. We also reject Gandhi's claim that the Board's action was arbitrary and capricious...

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