Medical Malpractice Victim Gets $16 Million Back After Medical Malpractice Cap Found Unconstitutional

Medical Malpractice Mistakes

According to news reports, Wisconsin’s medical malpractice cap was hit with a fatal blow.  A three-panel defray district court of appeals found that the medical malpractice cap was unconstitutional on its face.  This is a significant victory in that it protect the rights of patients in Wisconsin, and really helps set the stage for the rest of the states that have these caps.  Hopefully it will also have a chilling affect on the federal bill in the works to set a national medical malpractice cap.

In the Wisconsin case, the state had a cap of $750,000 on medical malpractice claims.  A Milwaukee woman lost all four limbs in a nightmare case and was awarded $16.5 million in pain and suffering to her and her husband.  She had a strep A infection that was undetected, then misdiagnosed, then resulted in septic shock.  The damage to her was irreparable.  But because of the cap, she was only able to recover he $750,000.


Why should a victim who has lost ALL of her limbs lose her compensation too?

Why should a victim who has been permanently damaged have to give back her money to the negligent parties?

Why should the healthcare providers that made mistakes get away with negligence?

They shouldn’t!  And it should not be this way in any jurisdiction.  These are very serious problems.  The right of a victim to receive compensation but be protected.  These medical malpractice caps are absolutely unconstitutional and illegal.