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October 21st, 2005

"Wisconsin Tries To Cap Malpractice Awards"

A new measure in Wisconsin state legislature would put limits on malpractice lawsuit awards, but it will most likely fail to pass due to unconstitutional elements. The law, put forth by Republicans in the state’s Supreme Court, is very similar to another law rejected by lawmakers this past July. Wisconsin’s Governor, Jim Doyle, has expressed concern over the new bill and feels that it will not pass as well.

Doyle stated that he thinks the introduction of the bill, coming just months after the other bill was rejected, is a political move by Republicans to convolute the political lawmaking process.

Republicans contend that the bill will help keep doctor’s malpractice insurance costs from rising. They say that the current situation will lead to almost unaffordable insurance rates.

The new caps would put the maximum award at $550,000 for children under 18, and $450,000 for adults.

The previous bill was voted down after being in place for 10 years. The court had determined that the limits on malpractice awards were unfair because the award amounts were arbitrary and didn’t make sense because each case was different.

The bill is not expected to pass, however, and the current state of medical malpractice awards, with no limits on their payout, will likely become the norm.