Yesterday’s decision by the Wisconsin Supreme Court in Mayo vs. the Injured Patients and Families Compensation Fund reinstates the cap on noneconomic damages in medical liability cases. In a new episode of WisMed OnCall, Society General Counsel John Rather, JD, and Senior Vice President of Government Relations Mark Grapentine, JD, talk about why this outcome is so important and its implications for Wisconsin physicians and patients.
“We often hear the cap get mischaracterized as being a benefit to the health care community at the expense of patients,” says Rather in this week’s episode. “It couldn’t be farther from the truth. In reality, it’s beneficial to both, and Justice (Patience) Roggensack hits right away on why that’s true.
“In most states, physicians aren’t even required by law to have medical malpractice insurance, which means that if there is a lawsuit based on malpractice, you can get any size judgement the jury will give you, but there might be no money to collect against that judgment. In Wisconsin, there is a guaranteed payment system,” he added.
While noneconomic damages such as pain and suffering are capped at $750,000, there is no cap on economic damages, which includes medical expenses and lost wages.
To hear more about the details of the Court’s decision and its potential impact, listen to “Cap is Constitutional” here.
WisMed OnCall is a biweekly podcast produced by the Wisconsin Medical Society for physicians, residents, medical students and others interested in health care in Wisconsin. Episodes are available on the Society’s website and through iTunes and other similar platforms. Just search for and subscribe to “WisMed OnCall” wherever you access podcasts.
Back to June 28, 2018 Medigram