Add 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.
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