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TOR-005: Malpractice Reform

Malpractice Reform: The Wisconsin Medical Society supports the following principles in regard to medical malpractice:

  • A reasonable cap on non-economic damages. Educating the public of the added cost to health care imposed by medical malpractice costs.
  • Maintain the concept of comparative negligence, but replace joint and several liability with a determination of the defendant’s obligation to pay based on the proportion of damages his or her negligence is found to bear to the actual injury, not on ability to pay as a ‘deep pocket’ defendant.
  • The elimination of punitive damages except in cases of intentional torts.
  • The prohibition of double recovery in compensation for an injury.
  • The court in which a civil tort action is conducted shall review and approve the amount of every contingency fee paid as being reasonable to the circumstances.
  • Maintaining the IPFCF threshold at a reasonable level.
  • Supporting loss prevention measures.
  • Support the requirement that claimant attorneys must file certificates of merit.
  • Support the establishment of uniform and reasonable statute of limitations.
  • Support prohibiting indemnitors from settling claims without the consent of the insured. (HOD, 0414)