• Wisconsin Supreme Court Strikes Down Medical Malpractice Damage Cap
  • July 25, 2005 | Author: Roisin H. Bell
  • Law Firm: Michael Best & Friedrich LLP - Madison Office
  • On July 14, 2005, the Wisconsin Supreme Court issued its decision in Ferdon v. Wisconsin Patients Compensation Fund et al. Pursuant to that decision, the Court, by a margin of 4-3, reversed the decisions of the Court of Appeals and the Brown County Circuit Court and held that the statutory cap on non-economic damages (i.e., pain and suffering") in medical malpractice actions (the "Cap") is unconstitutional. In the majority opinion, Chief Justice Abrahamson, joined by Justices Bradley, Butler, and Crooks, concluded that the Cap violates the equal protection guarantees of the Wisconsin Constitution.