Brief Synopsis: This suit case addresses the constitutionality of Wisconsin's medical malpractice caps and future medical expense fund. WHA, together with the AHA submitted a amicus brief with the Wisconsin Supreme Court in this case.
Pierce v. Physicians Insurance Company of Wisconsin
Brief Synopsis: This case addresses whether the medical malpractice statute permits a bystander claim for negligent infliction of emotional distress arising from medical malpractice.
Status: Decision filed on February 17, 2005. The Wisconsin Supreme Court held that the plaintiff mother could recover damages as a parent under Wisconsin’s wrongful death cap for the wrongful death of her stillborn child, and recover damages as a patient under Wisconsin’s noneconomic damages cap for her personal injuries including the negligent infliction of emotional distress.
Lagerstrom v. Myrtle Werth Hospital - Mayo Health System
Brief Synopsis: This case addresses the constitutionality of the statutory provision that abrogates the collateral source rule in medical malpractice cases.
Status: In its July 14 decision, the WI Supreme Court held that that statutory abrogation of the collateral source rule was not unconstitutional, but concluded that evidence of payments made by Medicare and other third party payors for the treatment of the plaintiff could be admitted as evidence pursuant to the statute but could not be used by a fact-finder to abrogate Wisconsin's collateral source rule.
Brief Synopsis: This case addresses whether first year medical residents are protected by Wisconsin's non-economic damage caps and whether they are protected by statutory peer review protections.
Status: In its June 22 decision, the WI Supreme Court held 1) that first year residents are not health care providers for purposes of the statutory caps, 2) that communications not a part of the formal peer review process are not protected by peer review protections, and 3) an unlicensed first-year medical resident is held to the standard of care for a first-year medical resident rather than a licensed physician.
Brief Synopsis: This case addresses the constitutionality of the wrongful death damage caps on awards for loss of society and companionship and the anti-stacking provision in the medical malpractice statutes.
Status: On July 2, 2004, the Wisconsin Supreme Court upheld the constitutionality of the wrongful death damage caps.
