Thursday, June 28, 2018
Yesterday, the Wisconsin Supreme Court ruled 5-2 that the $750,000 non-economic damages cap in med mal cases is constitutional. The trial court had ruled the cap unconstitutional as applied to this plaintiff, and the intermediate appellate court went further and held it was unconstitutional on its face. The majority acknowledged the sympathetic facts, but held the legislature was acting within its authority to make policy decisions. The Milwaukee Journal Sentinel, which covers tort and tort reform issues in depth, has the story.