Wisconsin Governor Doyle Vetoes Med-Mal Cap Legislation

Wisconsin Gov. Jim Doyle vetoed legislation that would have capped the amount of money medical malpractice victims could win in court for their pain and suffering, an issue that has been a political flash point across the country.

Republican lawmakers drafted the measure to limit non-economic damages to $450,000 for adults and $550,000 for minors after the state Supreme Court struck down a previous cap as unconstitutional. The court said then that there was no rational basis for the limit, and Doyle, a Democrat, noted that when he vetoed it. “Approving a law that would quickly be overturned doesn’t do anyone any good,” Doyle said.

Assembly Speaker John Gard, a Republican, said he would try to muster the votes to override the veto. “These malpractice rates have got to be controlled. Otherwise, health insurance costs are going to continue to skyrocket,” Gard said.

The previous cap was about $445,000 when the court struck it down it July because it said it created two classes: people with less severe injuries who could get full compensation, and people hurt more severely who could not. It also violated a victim’s constitutional right to equal protection and trial by jury, the court added.

About half the states cap non-economic damages. Congress has also considered federal caps.