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2010AP1071, 2010AP1462 Salvi v. Medical Examining Board

By: WISCONSIN LAW JOURNAL STAFF//September 1, 2011//

2010AP1071, 2010AP1462 Salvi v. Medical Examining Board

By: WISCONSIN LAW JOURNAL STAFF//September 1, 2011//

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Administrative Law
Medical licenses; sexual contact; sufficiency of the evidence

This appeal involves the Medical Examining Board’s decision to sanction Dr. Frank Salvi for the improper sexual touching of four female patients. The circuit court reversed the Board’s decision and awarded attorneys’ fees and costs to Dr. Salvi. The Board appeals. ¶2 The issues are as follows: (1) whether the Board relied on an incorrect legal test in determining that Dr. Salvi had “sexual contact” with the four women; (2) whether the Board’s finding that Dr. Salvi touched intimate body parts of the four women with a sexual purpose is supported by substantial evidence; and (3) whether the Board improperly excluded evidence. We resolve each of these issues in favor of the Board, affirm its decision, and reverse the circuit court. Not recommended for publication in the official reports.

2010AP1071, 2010AP1462 Salvi v. Medical Examining Board

Dist IV, Dane County, Markson, J., Lundsten, P.J.

Attorneys: For Appellant: Berndt, Michael J., Madison; Lytle, Jeanette C., Madison; For Respondent: Pines, Lester A., Madison

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