Appeals court erases $750K cap on medical malpractice damages
MADISON, Wis. — A state appeals court says Wisconsin’s $750,000 cap on noneconomic damages in medical malpractice cases is unconstitutional.
The case centers on Ascaris Mayo, who lost all her limbs after doctors didn’t inform her she was suffering from an infection. Mayo filed a lawsuit alleging malpractice and a jury awarded her $15 million in non-economic damages and her husband $1.5 million for loss of companionship.
The state’s medical malpractice fund moved to reduce the award to the maximum $750,000 allowed by state statutes.
The 1st District Court of Appeals ruled Wednesday the cap is unconstitutional on its face. The court said the cap imposes an illogical burden on catastrophically injured patients, denying them equal protection.
Attorneys representing the fund and the doctors didn’t immediately return a message.
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