Governor Jim Doyle today vetoed Assembly Bill 766 regarding medical malpractice caps. He also vetoed Assembly Bill 764, and signed Assembly Bill 765.
“Approving a law that would quickly be overturned doesn’t do anyone any good,” Governor Doyle said. “Instead, I encourage everyone involved in this issue to come together and figure out a responsible and lasting solution that has a real chance of being upheld by the Wisconsin Supreme Court.”
This bill would have raised caps on non-economic damages for medical malpractice cases to $450,000 – only $5,000 more than the previous cap of $445,775 which was found unconstitutionally low by the Wisconsin Supreme Court. The Court criticized the previous cap for being “unreasonably low,” and lacking a rational basis.
Governor Doyle recently sought the opinion of distinguished constitutional law experts at the University of Wisconsin Law School regarding the constitutionality of AB 766. Their conclusions were that AB 766 does not address the constitutional problems of the previous caps and concludes that the caps completely lack a rational basis.
“I am vetoing this bill because it is very unlikely that the Wisconsin Supreme Court would uphold it,” Governor Doyle said. “The court has already struck down virtually the same caps. The caps could have been structured to address the concerns of the court – but AB 766 is not a serious effort to do so, and does not represent a real solution.”
Governor Doyle today also vetoed Assembly Bill 764, which requires courts to reduce medical malpractice damages awarded based on victims’ receipt of payment by health benefits.
“This bill unfairly allows those who commit medical malpractice to profit from health benefit payments that injured patients may receive from outside sources,” Governor Doyle said. “Laws governing medical malpractice are supposed to deter wrongful conduct and reduce its occurrence. But AB 764 has the opposite effect – it relieves those responsible for medical malpractice from their obligations to pay damages in cases where the victims had the foresight to obtain health care benefits. That isn’t fair.”
Additionally, Governor Doyle signed AB 765, which allows graduate medical education programs that train postgraduate students to be covered by the Injured Patients and Families Compensation Fund.
“Wisconsin is already an excellent place to practice medicine, and this bill will further encourage the best young doctors to come to our state by extending malpractice protection to their graduate work,” Governor Doyle said.
The Governor’s Veto Message on AB 766 can be found online at:
http://www.wisgov.state.wi.us/docview.asp?docid=5499
Read the UW Law School professors’ analysis of AB 766:
http://www.wisgov.state.wi.us/docview.asp?docid=5498
The Governor’s Veto Message on AB 764 can be found online at:
http://www.wisgov.state.wi.us/docview.asp?docid=5500
