State Supreme Court Strikes Down Liability Caps
In a 4-3 ruling, the Wisconsin Supreme Court has found the $350,000 cap on non-economic damages for medical malpractice a violation of the equal protection guarantees of the Wisconsin Constitution. The court reversed a court of appeals decision and remanded the case to the circuit court for further proceedings. However, the court did note that it has found other caps—such as those for wrongful death—constitutional in the past, leaving the possibility of a legislative solution open.
Obviously, the decision complicates our work to have liability caps extended to assisted living. Our tentative plan is to make sure that assisted living facilities are included in whatever legislation ends up being drafted. Rep. Curt Gielow (R-Mequon) has been tapped by Assembly Speaker John Gard (R-Peshtigo) to coordinate legislative efforts on behalf of the Republican majority. A bill would likely enjoy bipartisan support; the two doctors serving in the Assembly, both Democrats, came out against the court's ruling.
We still need your help. Whatever direction this takes, the public needs to know how the liability insurance crisis will impact the availability of care for the elderly and disabled citizens of Wisconsin. Your stories of how skyrocketing insurance rates affects your ability to provide essential services to the community are invaluable. Please send testimonials to WALA Member Services Director Daniel Bush, either by e-mail to dbush@ewala.org or by snail mail to 2875 Fish Hatchery Road, Madison, WI 53713-3120.