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Med Mal Caps Eliminated in Wisconsin

Last week the Wisconsin Supreme Court issued a 4-3 decision striking down as unconstitutional the state’s cap on non-economic damages in medical malpractice cases. The decision was based on equal protection grounds. The court found that there was no rational basis for the cap, concluding after examining the available empirical evidence that the legislature’s faith in the cap was too speculative to justify a reduction in patient’s rights.

As reported in an article I wrote for Texas Reporter, a recent study proved there is no connection between jury verdicts and medical malpractice insurance premiums. Therefore, you might think perhaps the Texas Supreme Court would follow the logic of the Wisconsin court, and strike down the Texas cap. However, given the past performance of the nine Republicans on the Texas court, I think there is almost no chance of that happening.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

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