TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Wednesday, April 18, 2018

WI: Med Mal Cap Challenged as Unconstitutional

In 2011, a Wisconsin woman had all four limbs amputated.  A jury determined health care providers were responsible by negligently failing to diagnose an infection and awarded her $25.3M.  The non-economic damages portion of the award was approximately $16.5M.  WI has a med mal cap on non-economic damages of $750,000.  The trial judge ruled the cap was unconstitutional as applied to the plaintiff's case.  The intermediate appellate court went further and ruled the cap was unconstitutional.  Tomorrow the Wisconsin Supreme Court hears arguments in the case.  The Milwaukee Journal Sentinel has the story.

http://lawprofessors.typepad.com/tortsprof/2018/04/wi-med-mal-cap-challenged-as-unconstitutional.html

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