Constitutionality of Noneconomic Damages Caps

//Constitutionality of Noneconomic Damages Caps

Constitutionality-of-Noneconomic-Damages-CapsAdd Wisconsin to your list of states declaring noneconomic damages cap unconstitutional. A majority of states have some form of cap on damages in medical malpractice cases. However, Jeffrey Krawitz details in this blog, that Wisconsin recently “joined courts in Florida, Illinois, New Hampshire, and Washington in finding that caps on noneconomic medical malpractice damages are unconstitutional.”

The Wisconsin Court of Appeals held that the “noneconomic medical malpractice damages cap is facially unconstitutional because it violates the equal protection rights of catastrophically injured patients.” The American Association for Justice also provides an analysis of the Wisconsin Court of Appeals case. For those looking for a list of constitutional challenges to state caps, you can see this chart published in 2015 by the American Medical Association. It is a couple of years old, but a useful list to start your research.

By | July 31st, 2017|

About the Author:

For years, Josh has helped lawyers become more organized, productive, and profitable. A trained litigator, Josh came to Smokeball from a large east-coast law firm where his practice focused on franchise, insurance, marine, and general litigation. His work with Smokeball, and his continued passion for what he does each day, is driven by a desire to help lawyers and their staff do better in every way. Knowing well the stress and strain put on today’s legal professional, he regularly focuses on improving work and life in the law. He has traveled the country working with and learning from lawyers and their staff. Josh speaks regularly to bar associations about successful law firm practices and other legal topics. Recent notable engagements have been with the Chicago Bar Association, the Illinois State Bar Association, and the Missouri Bar’s Solo and Small Firm Conference. In addition to his work at Smokeball, Josh serves on the Writing Resource Center staff at The John Marshall Law School. Besides legal technology, his research interests include judicial decision-making, jury decision-making and psychology, and legal writing. He has written and overseen research exploring causal effects of sex/gender on federal appellate court decision-making, and assisted with research for a forthcoming textbook on judicial decision-making. Josh holds his J.D., cum laude, from Washington University in St. Louis, where he served as a Senior Editor of the Wash. U. Law Review, held the prestigious Thompson Coburn Research Fellowship, served as Research Assistant to then-Vice-Dean (now Chancellor) Andrew D. Martin, and clerked at the U.S. District Court for the Eastern District of Missouri. He holds a B.A. in Political Science and a B.M. in Music Performance with Honors Scholar distinction from the University of Connecticut, making him a Huskies basketball fan through and through. Follow Josh’s activity on LinkedIn, and keep up with new articles on the Smokeball Blog.

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