Malpractice

Ferdon v. Wisc. Patients Comp. Fund, No. 2003AP988 (Wis. July 14, 2005)

Parents brought a medical malpractice action on behalf of their minor child against the physician who delivered the child, the hospital, and the Compensation Fund alleging injuries during birth. At trial, the jury found for the child and awarded $700,000 in noneconomic damages. The Circuit Court of Appeals granted the Funds motion to reduce the noneconomic damages to $410,322 according to a statutory cap. The Supreme Court of Wisconsin held that the statutory cap was unconstitutional as it violated equal protection guarantees provided in the Wisconsin Constitution. The Supreme Court of Wisconsin therefore reversed the decision of the Circuit Court of Appeals.