Victory for Malpractice Victims in Wisconsin
On July 14, 2005, the Supreme Court of Wisconsin found caps on non-economic damages in medical malpractice awards unconstitutional. The Supreme Court ruled 4-3 that the cap is "unreasonable and arbitrary" because there is no "rational" relationship between it and lower medical malpractice premiums. It also violates equal protection provisions in the Wisconsin Constitution, the court ruled. Wisconsin now joins a handful of states that have found damage caps unconstitutional.
Of course, the Illinois General Assembly recently passed a similar law for Illinoisians. The Illinois Supreme Court found similar damage caps unconstitutional in 1995. For our sake, we hope that the recent ruling is a foreshadowing of things to come in Illinois.
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