Thursday, December 01, 2005

UW Law Profs: Constitutionally, New Med Mal Bill No Better Than Old

Three UW-Madison Law School professors have opined that the new medical malpractice caps passed by the Legislature do not pass constitutional muster.

Asked by Gov. Jim Doyle's office to evaluate the new proposal, Profs. Walter Dickey, Heinz Klug and David Schwartz state in a letter released today to WisPolitics, "It is clear that AB 766 suffers from the exact same constitutional defects as the statutory predecessor in Ferdon under the state Equal Protection clause. AB 766 at most half-heartedly attempts to address only one of the several constitutional problems of its predecessor, and clearly fails in that attempt."

Assembly Speaker John Gard, a leading proponent of the new caps, said yesterday if Gov. Doyle doesn't sign the bill, he'll introduce legislation to cap fees of trial lawyers working the non-economic medical malpractice cases. "Let's see the governor veto that," he said.

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