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.