WIS. SUPREMES OK MED-MAL CAPS:

July 19, 2004

The Wisconsin Supreme Court unanimously affirmed the constitutionality of noneconomic damage caps in wrongful death medical malpractice cases. The Wisconsin Supreme Court concluded that “the limit on noneconomic damages in a medical malpractice wrongful death cases is constitutional.” The court also reversed a circuit court decision that allowed plaintiffs to recover non-economic damages for both medical negligence and wrongful death. The Supreme Court concluded that “there is a single cap on noneconomic damages recoverable … when a patient dies.”