A state cap on non-economic damage awards in medical malpractice cases in Wisconsin has been ruled unconstitutional by a three judge panel. The First District Appellate Court found the state’s $750,000 limit imposes an “unfair and illogical burden” on those who are catastrophically injured, denying them equal protection under the law.

The Wisconsin Hospital Association criticized the decision, arguing it could make it harder for patients in rural areas or inner cities to find treatment.

“Upsetting the Legislature’s informed policy decision by invalidating Wisconsin’s cap on non-economic damages will negatively impact Wisconsin communities’ efforts to attract physicians to provide accessible, quality health care to their residents,” argued WHA President and CEO Eric Borgerding in a statement.

SOURCE: www.wrn.com