As the TortsProf blog recently reported, the Wisconsin Supreme Court recently held that the state's cap of $750,000 on non-economic damages in medical malpractice cases is constitutional.
The plaintiff in the case lost her arms and legs as a result of a medical error and the jury determined that her pain, suffering, and disfigurement had a value of $16.5 million. However, Wisconsin’s highest court deferred to legislation limiting such awards to a maximum of $750,000 in all cases, regardless of the severity of the injuries.
In a dissenting opinion, two justices argued that the cap had a perverse effect on plaintiffs because only those with the most catastrophic injuries will be denied a full and fair damages award and it "makes no sense that those who are injured most get the least.”
You can read the entire opinion here.