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Medigram - June 11, 2009 - News Brief


AMA continues to aid Society’s efforts to defend integrity of Fund and protect Wisconsin’s medical liability environment

The Litigation Center of the American Medical Association (AMA) is providing support to the Wisconsin Medical Society (Society) to aid the Society’s litigation of a suit challenging the State of Wisconsin’s raid on the Injured Patients and Families Compensation Fund (Fund).

The AMA is expected to join Wisconsin physician groups in requesting permission from the Wisconsin Court of Appeals to file an amicus brief in the lawsuit to protect the Fund. From 2004 to date, the AMA has contributed more than $125,000 in amicus and other support to assist the Society’s efforts to protect the Fund and preserve Wisconsin’s relatively stable medical liability environment.

In addition to the AMA’s amicus and other support of the Society’s lawsuit to protect the Fund, the AMA has filed an amicus brief and/or provided support in the following cases:
  • Phelps v. Physicians Insurance Company of Wisconsin, a lawsuit regarding whether an unlicensed resident is a borrowed employee and whether plaintiffs may recover bystander damages for emotional distress in medical liability cases. The AMA joined the Society as an amicus in the current case pending before the Wisconsin Supreme Court and also participated in the previous Phelps case decided by the Court in 2005.
  • Ferdon v. Wisconsin Patients Compensation Fund, a case decided by the Wisconsin Supreme Court regarding the constitutionality of the cap on noneconomic damages in medical liability cases.
  • Glenn v. Plante, a lawsuit decided in 2004 regarding whether a physician can be compelled to be an expert witness.
  • Maurin v. Hall, a lawsuit decided in 2004 regarding stacking of wrongful death and noneconomic damage caps.
This vital support of the Fund and the preservation of the medical liability climate—issues that affect every Wisconsin physician—are made possible by physicians’ support of the AMA.

For more information about becoming an AMA member or renewing your membership, contact the Society at 608.442.3800 or visit the AMA’s Web site.