Big Win in Wisconsin the fight against tort reform and caps on damages
“A Wisconsin appeals court ruled Wednesday that the state’s $750,000 cap on medical malpractice damages is unconstitutional because it imposes an unequal disadvantage for catastrophically injured patients.” http://www.courthousenews.com/wisconsin-court-tosses-cap-medical-malpractice-damages/
We’ve been fighting similar battles in Mississippi for years, although the Mississippi Supreme Court has not ruled on the constitutionality of these caps, some of which are listed below.
1. Medical malpractice claims against private medical providers have a non-economic damages cap of $500,000. Miss. Code Ann. § 11-1-60.
2. Claims against governmental entities, including hospitals and medical providers considered political subdivisions of the state, have a $500,000 cap on all damages (economic and noneconomic). Miss Code Ann. § 11-46-15.
3. Mississippi also has a cap on all other tort claims of $1,000,000.00 for non-economic damages. There is no cap in these claims for economic damages. Miss. Code Ann. § 11-1-60.