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$26 million ($17.4 million, plus about $9 million in interest) was awarded in a malpractice case in/near Milwaukee. $3.1 million of that total is for medical expenses.
This happened in Wisconsin, one of only six states listed as currently okay by the AMA in reference to medical liability. Wisconsin is progressive with tort reform, and has malpractice caps in place for pain and suffering. To any states considering malpractice caps, take note of this case. A lawyer managed to find a loophole in Wisconsin state law.
A quote: "...malpractice awards adopted in mid-1990s tort reforms that cap intangible "pain and suffering" losses at less than $500,000. But a state appeals court has held that the cap applies only to fully licensed doctors; Beauchaine [the defendant] was a resident in training at the time."
The Wisconsin Supreme Court is already examining this loophole in another case. Their decision is pending.
If you read the article, you'll note that licensed physicians were dismissed from the suit. Perhaps the plaintiff's lawyer decided it wasn't worth fighting an army of defense attorneys when the big bucks were with the resident.
My heart goes out to the young woman who lost her life - it was a tragedy. But I have to wonder how a malpractice award of this size benefits the future health of others.
Here's the links:
Payout in death may be state's biggest
http://www.jsonline.com/news/metro/oct04/269177.asp
Family awarded $17.4 million
http://www.jsonline.com/news/metro/oct04/268681.asp
This happened in Wisconsin, one of only six states listed as currently okay by the AMA in reference to medical liability. Wisconsin is progressive with tort reform, and has malpractice caps in place for pain and suffering. To any states considering malpractice caps, take note of this case. A lawyer managed to find a loophole in Wisconsin state law.
A quote: "...malpractice awards adopted in mid-1990s tort reforms that cap intangible "pain and suffering" losses at less than $500,000. But a state appeals court has held that the cap applies only to fully licensed doctors; Beauchaine [the defendant] was a resident in training at the time."
The Wisconsin Supreme Court is already examining this loophole in another case. Their decision is pending.
If you read the article, you'll note that licensed physicians were dismissed from the suit. Perhaps the plaintiff's lawyer decided it wasn't worth fighting an army of defense attorneys when the big bucks were with the resident.
My heart goes out to the young woman who lost her life - it was a tragedy. But I have to wonder how a malpractice award of this size benefits the future health of others.
Here's the links:
Payout in death may be state's biggest
http://www.jsonline.com/news/metro/oct04/269177.asp
Family awarded $17.4 million
http://www.jsonline.com/news/metro/oct04/268681.asp