Wisconsin Supreme Court Ruling – PIC Wisconsin’s View

MADISON, Wis. – Physicians Insurance Company of Wisconsin, Inc. (PIC WISCONSIN) William Montei, CEO of PIC WISCONSIN, commented today on the Wisconsin Supreme Court ruling in Ferdon v. Wisconsin Patients Compensation Fund.

“We are disappointed that the Wisconsin Supreme Court, by a 4-3 vote, failed to uphold the constitutionality of a cap on non-economic damages,” stated Montei. “Until we have completed our analysis of the Court’s decision it is difficult to know exactly what the impact on rates will be, however, it is our judgment that rates in Wisconsin will increase. We have worked hard to help maintain Wisconsin’s effective medical liability tort reforms, including caps, over the years, and have taken numerous cases to the Wisconsin Supreme Court to defend them. The cap has been important in maintaining a stable market for professional liability insurance in our state, which is why the decision is of such concern.

PIC WISCONSIN was founded nearly 20 years ago to help ensure that there would be affordable coverage for Wisconsin health care providers. Since then, we have taken great pride in accomplishing our mission. In fact, until now, Wisconsin has been one of only six states that the AMA considers stable in this regard. We will continue to work hard every day to maintain pricing stability, but there is no doubt that the Court’s decision will make that job much more difficult.“

Wisconsin Supreme Court Strikes Down Malpractice Cap

Multiple sources…

From MedLaw.com

Wisconsin’s cap on medical malpractice awards for noneconomic damages such as pain and suffering is unconstitutional, a split state Supreme Court ruled today. (7/13/05)

The court ruled 4-3 that the Legislature’s rationale for implementing the caps on noneconomic damages was too broad and speculative, and ruled the law violated the Wisconsin Constitution’s equal protection guarantees.

The court said its decision does not strike down all caps under Wisconsin law in medical malpractice cases. Rather, its decision applies only to those for noneconomic damages, awards meant to compensate for mental distress, loss of enjoyment of normal activity and loss of society and companionship.

From the Green Bay Press-Gazette

The Wisconsin Supreme Court’s decision to remove the cap on settlements in medical malpractice cases — based on the case of an 8-year-old town of Abrams boy — has medical officials forecasting higher costs and a greater shortage of physicians.

“I think the ruling is extremely damaging to the medical fabric of the state of Wisconsin,” said Jeff Mason, chief executive officer of Bay Care Clinic in Green Bay. “Malpractice premiums will have to go up and this will make physician recruitment and retention even more difficult than it is.”

U.S. Will Offer Doctors Free Electronic Records System

Excerpted from the New York Times

…Medicare, which says the lack of electronic records is one of the biggest impediments to improving health care, has decided to step in. In an unprecedented move, it said it planned to announce that it would give doctors – free of charge – software to computerize their medical practices. An office with five doctors could save more than $100,000 by choosing the Medicare software rather than buying software from a private company, officials say.

The program begins next month, and the software is a version of a well-proven electronic health record system, called Vista, that has been used for two decades by hospitals, doctors and clinics with the Department of Veterans Affairs. Medicare will also provide a list of companies that have been trained to install and maintain the system.

Extreme Response to Waiting Times

From the Morning Call

An Allentown man who threatened to shoot emergency room employees at Lehigh Valley Hospital in Salisbury Township faces disorderly conduct and other charges, police said.

Luis G. Rosario, 35, of 617 Turner St. allegedly threatened to shoot someone at the hospital’s emergency room about 5:20 p.m. Friday if his daughter was not given a room. Rosario’s daughter was being treated for a BB gun wound on her neck, court records say.

Police found a crack pipe with residue on Rosario, according to police records. He was also charged with making terroristic threats and possessing drug paraphernalia, police said.