Wisconsin court erases $750K cap on medical malpractice damages
Wisconsin’s cap on noneconomic damages in medical malpractice cases is unconstitutional because it puts severely injured patients at a disadvantage, a state appeals court ruled this week.
The state Supreme Court will almost certainly review the ruling. If it stands it would clear the way for unlimited compensation for pain, emotional anguish and loss of enjoyment or reputation.
The decision stems from a case involving Ascaris Mayo. According to court documents, doctors didn’t tell her she was suffering from a septic infection and as a result she fell into a coma and had to have all four of her limbs amputated after gangrene set in.
Mayo and her husband sued the doctors and the state malpractice compensation fund, an account doctors pay into to cover malpractice awards. A jury awarded them $25.3 million in damages, including $15 million in noneconomic damages and $1.5 million for her husband’s loss of companionship.
Read more: http://www.wisconsingazette.com/news/wisconsin-court-erases-k-cap-on-medical-malpractice-damages/article_ff82c668-630c-11e7-b9c4-4f1cbb4d6174.html
