Wisconsin Supreme Court Ruling That State's Cap on Malpractice Damages Is Unconstitutional Hampers Reform, Editorial Says

Main Category: Litigation / Medical Malpractice
Article Date: 10 Aug 2005 - 0:00 PDT

email to a friend   printer friendly   opinions  

A 4-3... decision last month by the Wisconsin Supreme Court that overturned a $350,000 state cap on noneconomic damages in medical malpractice lawsuits "toppled what had been a highly successful medical liability reform," a Wall Street Journal editorial states. According to the editorial, studies have found that noneconomic damages "are the damages ... that tend to drive up insurance rates and drive doctors to other states." The decision by the court that a cap on noneconomic damages is "patently arbitrary" and has "no rational relationship to a legitimate government interest" represents a "highly creative judgment," the editorial states, adding that "if discouraging frivolous legal claims to make health care more affordable and available for regular citizens isn't a 'legitimate government interest,' we'd like to know what is" (Wall Street Journal, 8/9).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

• Additional
• References
• Citations