Badger Blog Alliance

Sic Semper Tyrannis

Friday, February 03, 2006

Reinstate the Cap

This is why we had caps in the first place.
What has been happening throughout the country already has begun in Wisconsin, less than seven months after the Wisconsin Supreme Court invalidated the state’s monetary limit on noneconomic damages in medical liability cases.

A Dane County jury this week awarded $8.4 million, including $4.25 million in damages for pain and suffering, to a patient who had suffered serious health problems following surgery. The former cap on such noneconomic damages in
Wisconsin was $445,000. Wisconsin has not limited awards for medical expenses
and other tangible economic losses.

“There are no guarantees in medicine. No matter how skilled or how careful a doctor may be, risks still exist,” said Mark Belknap, MD, president of the Wisconsin Medical Society. “Of course, we’re all saddened when a patient’s outcome doesn’t turn out as everybody hoped, but the health care system can’t afford many multi-million dollar awards for noneconomic damages, as is clear from other states in crisis,” added Dr. Belknap.

I've heard from a number of physicians who are very concerned about this. It not only drives up their costs, and makes other states much more attractive to practice medicine in.

As well, I spoke with a physician who plays a role in hiring new doctors for a large hospital in Western Wisconsin. Ever since the Supreme Court threw out the caps, he has had a tough time recruiting new doctors to Wisconsin.

What is more important for Democrats: that health care remains attainable for Wisconsin citizens, through low costs and a sufficient number of physicians, or that the trial lawyers pad their bank accounts?