Wisconsin’s Cap On Medical Malpractice Damages Challenged In Supreme Court.

The State of Wisconsin has a mandatory cap on non-economic damages in medical malpractice cases which limits the amount of such awards to $750,000.  The question of whether that limit should be enforced under the law is currently set to be heard before the Wisconsin State Supreme Court.  The Supreme Court will be deciding whether the cap should be set aside in the case of a woman who lost all four limbs due to medical malpractice. The cap will prevent the woman and her husband from collecting the full $25.3 million in damages awarded to them by a Milwaukee County jury.

The primary concern for the Court is the $16.5 million in damages awarded for pain and suffering.  It is being argued that they should be limited to only $750,000, the maximum permitted by the cap, because the health fund is dependent on keeping a limit on all medical malpractice claims no matter the severity. The rest of the award is not at issue because it was designated as economic damages, i.e., lost wages and medical bills.

The case originates from a 2011 visit to Columbia St. Mary’s in Milwaukee by Ascaris Mayo, who had been complaining of severe abdominal pain, a rapid heartbeat, and a fever. While at the hospital, she was observed for more than nine hours; but during this entire time, she was never diagnosed with a Strep A infection. After nine hours, she was discharged without any medication and told to see a gynecologist. The next day, still feeling unwell, Ms. Mayo went to another hospital where they diagnosed her; but by then, she was already suffering from strep throat leading to septic shock and sepsis.

If you or your loved one has suffered injuries or died due to the negligent actions of a medical professional, please contact the Law Offices of Gilbert R. Hoy, Jr. and Affiliates by phone at 617-787-3700, or by email at info@gilhoylaw.com; our team of experienced medical malpractice attorneys and wrongful death lawyer specialists have decades of experience fighting for our Massachusetts clients. We are here 24/7 for you to learn more about your options for bringing a claim or filing a lawsuit in a free and confidential consultation, so call today. Your needs are our top priority!

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