Governor Vetoes Malpractice Caps

State Supreme Court Struck Down Previous Cap

Updated: 5:37 pm CST December 2, 2005

Gov. Jim Doyle vetoed Friday a bill that would have established caps on medical malpractice awards for pain and suffering.

The Republican-authored bill would have set limits on noneconomic damages at $450,000 for adults and $550,000 for minors.

Republican lawmakers drafted the measure after the state Supreme Court struck down the state's old noneconomic damages cap this summer, ruling that it was unconstitutional.

Democrat Doyle said that the court would likely strike down the new caps, too.

The state Legislature set a limit of $350,000 on noneconomic damages in 1995. The cap was adjusted annually for inflation and had grown to about $445,000 when the Supreme Court found the limit unconstitutional.

The court said that the cap created two classes: people with less severe injuries who could get full compensation and people hurt more seriously who could not.

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