Wisconsin Medical Society: State Assembly Votes to Reinstate Limit on Med Mal Awards

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Steve Busalacchi
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Madison (October 26, 2005) By more than a two to one ratio (64-30), the State Assembly passed a bill (AB 766) to limit pain and suffering awards in medical liability cases. The main author is State Representative Curt Gielow (R-Mequon).

“It’s encouraging to see such strong support for this legislation,” said Susan Turney, MD, CEO/EVP of the Wisconsin Medical Society. “Lawmakers obviously understand that having a reasonable limit on such jury awards is crucial to maintaining a quality medical liability environment for patients and physicians in Wisconsin.”

Assembly Bill 766 creates a two-tiered system of noneconomic “pain and suffering” caps: $550,000 for a child under age 18 and $450,000 for an adult. This mimics the current wrongful death statutes, which were recently upheld as constitutional. The bills do not alter Wisconsin’s no-limit approach on economic damages, which allows an injured party to recover 100 percent of his or her quantifiable economic damages, such as lost wages and ongoing medical costs.

The following Democratic legislators joined the Republican majority in voting for the bill: Chuck Benedict, MD (D-Beloit); Spencer Black (D-Madison); Jason Fields (D-Milwaukee); Mary Hubler (D-Rice Lake); Amy Sue Vruwink (D-Milladore) and Sheldon Wasserman, MD (D-Milwaukee).

The Wisconsin Medical Society has created www.keepdoctorsinwisconsin.org to educate and empower the public so citizens can support public policy that prevents runaway jury awards from damaging our health care system.

The Wisconsin Medical Society is the largest association of medical doctors in the state with more than 10,000 members dedicated to the best interests of their patients. With that in mind, Wisconsinmedicalsociety.org offers patients a unique source for reliable, physician-reviewed medical information. The Wisconsin Medical Society, a trusted source for health policy leadership since 1841. Your Doctor. Your Health.