Wisconsin Court overturns medical malpractice cap on damages

Posted Wednesday, July 12, 2006 by Ed Harper

The Wisconsin Supreme Court has held that caps on damages for a medical malpractice action is unconstitutional. In a wrongful death claim a husband brought an action for the death of his wife which was allegedly due to the mistakes of a physician. The jury found for the husband and rendered a verdict for $1,200,000. Wisconsin previously had enacted a cap on damages and the court was forced to reduce the verdict to the capped amounts. The Supreme Court disagreed and reinstated the full verdict.

Caps on damages have proven to be successful only for the insurance companies and insurance rates do not go down for physicians following a caps instatement. From an individual rights perspective as well, one should have the freedom and liberty to have their day in court and government should stay out. The jury system is not perfect but it is the best way to ensure fairness and equity for those that require justice.

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