Court Strikes Down Cap on Monetary Awards in Medical Malpractice Case

By Brittany Golledge

Published on August 01, 2005

In a 4 to 3 ruling, the court struck down the 1995 cap on non-economic damages in medical malpractice lawsuits, currently set at $433,000. The justices found no rational basis for the cap, which was initially put in place to cut medical costs associated with rising medical malpractice insurance premiums. After pointing out that rising premiums made up only a small portion of the state's overall health care costs, the court rejected the basis of the law, finding the caps a violation of the due process clause of the Wisconsin state constitution.

This ruling was handed down in response to an appeal filed on behalf of an eight-year old child awarded $700,000 in non-economic damages. The child had sustained a permanent injury to his arm as a result of a birth injury. The court reduced the award to $350,000 in accordance with the 1995 law capping medical malpractice damages.

Though the court struck down the state law capping damages for medical malpractice lawsuits, it refused to strike down all laws in the state which limited damage awards.

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