Supreme Court: Non-economic malpractice damage cap upheld

MADISON, Wis. (AP) The state Supreme Court says Wisconsin’s cap on non-economic medical malpractice damages is constitutional.

The 5-2 ruling Wednesday upholding the cap involves Ascaris Mayo. According to court documents, doctors didn’t tell her she was suffering from a septic infection. As a result she had to have all four of her limbs amputated.

Mayo sued the doctors and the state malpractice compensation fund, an account doctors pay into to cover malpractice awards. A jury awarded Mayo $25 million in damages, including $15 million in non-economic damages.

The compensation fund’s attorneys moved to reduce the non-economic damages award to $750,000, the maximum compensation for such damages allowed under state statutes.

A state appeals court ruled last year that the cap was unconstitutional.