LAWMAKERS PASS MED-MAL CAP BILL:

The Wisconsin legislature passed Assembly Bill 766, which restores caps on non-economic damages in medical malpractice cases. However, supporters are concerned that Gov. Jim Doyle will veto the measure.

A.B. 766 was introduced after Assembly Speaker Gard (R) appointed a medical malpractice legislative task force to address a July ruling by the Wisconsin Supreme Court that invalidated the state’s caps on non-economic damages in medical malpractice cases. The Court held the caps were unconstitutional on the grounds that they violated the equal protection guarantees of the state’s constitution. The ruling was criticized by insurers, the medical community and legislative leaders.

The bill establishes a two-tiered cap on non-economic damages of $450,000 for adults and $550,000 for persons under 18. The previous $350,000 cap on non-economic damages,established in 1995, was indexed for inflation and stood at $445,775 at the time of the ruling in the case of Matthew Ferdon v. Wisconsin Patients Compensation Fund.

“The new cap was designed to address the Court’s concerns about equal protection for minors and to withstand future constitutional scrutiny. We only hope that, at a time when nearby states like Illinois and Missouri are instituting new laws addressing caps on non-economic damages, Gov. Doyle does the right thing for Wisconsin by signing AB 766,” said John Birkinbine, assistant vice president, Midwest Region of the American Insurers Association.

However, supporters are concerned that Gov. Doyle will veto the bill. Although the Assembly passed it by a veto-proof margin, Senate passage was only 19-14, strictly along party lines, after an amendment to raise the cap to $1 million was shot down.