For Immediate Release
Contact:
Sen. Scott Fitzgerald – 1-608-266-5660
Rep. Curt Gielow – 1-608-266-0486
Madison… Wisconsin’s last chance to immediately address the state’s
medical malpractice crisis was announced today as state Senator Scott
Fitzgerald (R – Juneau) and state Representative Curt Gielow (R –
Mequon) unveiled new legislation aimed at keeping health care accessible
and affordable in the state.
“While other states are taking strides forward in addressing medical
malpractice claims, Wisconsin is going in the wrong direction,” said
Sen. Fitzgerald, co-chairman of the legislature’s Joint Committee on
Finance. “This legislation is our last chance this session to protect
our health care system from the ‘jackpot justice’ mentality that has
caused doctors to flee other states.”
Under the proposed legislation, non-economic damages in medical
malpractice cases would be limited to $750,000. Awards for economic
damages would not be limited.
“After careful study and review by the Speaker’s Task Force and close
evaluation of other states, it is clear that this legislation will
provide our health care system with the stability it needs to recruit
and retain doctors in Wisconsin,” added Rep. Gielow, Chair of the
Speaker’s Task Force on Medical Malpractice Reform. “It is my hope that
we can put the health care needs at the forefront, and move this
legislation through the process with bipartisan support.”
In July 2005, the Wisconsin Supreme Court, in a 4-3 decision, struck
down the state’s 10-year-old cap on non-economic damages in medical
malpractice cases. To address this situation, the Legislature approved
legislation on a bipartisan vote reinstating the cap while addressing
the concerns of the Supreme Court. This legislation was vetoed by the
Governor. The Assembly’s attempt to override the Governor’s veto fell
three votes short.
Both Senator Fitzgerald and Representative Gielow stated that this
legislation is needed to ensure that Wisconsin can retain qualified
physicians, and attract new doctors to the state. Particularly in rural
Wisconsin, access to quality health care and physicians who practice in
specialized areas is in danger due to the lack of a medical malpractice
cap.
“Every day that passes without caps in Wisconsin puts our health care
system in more peril,” Fitzgerald said. “I hope legislative Democrats
and Governor Doyle do the right thing this time and support our efforts
to reinstate medical malpractice caps and bring stability back to our
health care system.”
“The malpractice insurance environment needs stability; stability that
holds down physician’s insurance costs and therefore overall healthcare
costs for consumers,” said Rep. Gielow. “Passage of this bill, combined
with the already very effective Injured Patients and Family Compensation
Fund, will bring back the stability Wisconsin needs by balancing
fairness to the injured parties with fairness for consumers”.
