Legislation Limiting Medical Malpractice Compensation Vetoed by Wisconsin Governor

By Brittany Golledge

Published on December 07, 2005

Governor Jim Doyle has vetoed legislation that would have limited the amount of non-economic damages awarded to plaintiffs in medical malpractice lawsuits filed in Wisconsin.

The legislation was drafted by republican lawmakers following a Wisconsin Supreme Court decision issued in July that struck down previous caps on medical malpractice damage awards. The court found no basis for the limit of $445,000 and objected to the rule based on the fact that it created two classes of plaintiffs: those with minimal injuries who would likely receive the full damage award and those with severe injuries who would receive the same compensation. The court objected to this probable result, saying it would violate the equal protection clause of the constitution.

The new law would have limited pain and suffering damages to $450,000. According to governor Jim Doyle, the legislation would likely have been overturned by the court again had it been approved.

Republican representatives have indicated that they will attempt to override the veto with a two-thirds vote in the State Senate and the State Assembly.

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