Two Republican lawmakers announced Tuesday a final effort to reinstate non-economic caps on medical malpractice lawsuits before this year's legislative session ends.

Although a similar piece of legislation was shot down earlier this year after the state Assembly failed to override the governor's veto, the bill's authors are optimistic the bill will be met with success this time around.

While the former medical malpractice bill's cap was set at $450,000 and $550,000 for adults and minors respectively, the new bill would raise the cap to a flat figure of $750,000.

"We feel that $750,000 is a fair middle," said Mike Prentiss, spokesperson for bill author Sen. Scott Fitzgerald, R-Juneau. "The patients and doctors and health-care providers in the state need this."

Prentiss added the future of the state's health care industry lies in serious jeopardy without caps on non-economic damages, as limitless malpractice awards may prompt skilled medical professionals to leave the state.

Many Democrats, however, charge such a cap is unconstitutional and unfair to victims of medical malpractice.

The Wisconsin Supreme Court somewhat agreed last year, overturning a cap similar to the limits proposed by the defeated former bill.

But although the court ruled an arbitrary monetary limit on pain and suffering awards is unconstitutional, it did note a cap amount based on research and statistics may be deemed constitutional.

According to Prentiss, the new bill's cap of $750,000 was a "statistically-generated" figure that is not arbitrary but meant to directly address claims of unconstitutionality.

"The cap of $750,000, while higher than we initially proposed, still meets both challenges," he said. "It puts a meaningful cap in place. It ensures patients and health care providers certainty."

While Prentiss added he hopes Gov. Jim Doyle will be supportive of the new measure, Doyle spokesperson Dan Leistikow said the bill's constitutionality must be validated first.

"The governor wants to make sure that whatever ultimately comes to his desk meets the requirements that the court has set forth," Leistikow said, adding the governor has yet to make a formal statement on the new cap proposal.

Fitzgerald and bill cosponsor Rep. Curt Gielow, R-Mequon, plan to formally introduce the measure this week.