The Wisconsin Senate approved a bill Wednesday, reinstating non-economic caps of $750,000 in medical malpractice lawsuits in a 25 to 8 vote.
Although Republican lawmakers control the Senate, many Democrats dominated the debate Wednesday evening, arguing the proposed bill is unconstitutional and insensitive to the needs of patients.
Republicans, however, defended the bill — Assembly Bill 1073 — as an appropriate compromise between the needs of doctors and of patients.
"We have a responsibility as legislators to set a balance between that award [of $750,000] and what will keep the [health care] system functioning," AB 1073 lead cosponsor Sen. Scott Fitzgerald, R-Juneau, said.
According to Fitzgerald, a cap is necessary to provide physicians with the reliability needed to practice in Wisconsin.
"We've got to make sure that … doctors are not only willing to practice but that they will make it financially," he added.
Democratic opponents, however, pointed to Wisconsin as a state already capable of attracting quality physicians and added the state's liability insurance rates are even lower than those of many states with medical malpractice caps.
Opponents also said a better balance between physician and patient needs could be struck by passing a bill amendment raising the cap to the state's previous level of $1 million, but the amendment was rejected.
While bill backers maintained the $750,000 cap was calculated through actuarial research, many Democrats argued the figure is too low and will not stand up to a constitutional challenge.
The Wisconsin Supreme Court overturned a similar cap last year, ruling an arbitrary monetary limit on pain and suffering awards was unconstitutional.
"[Patients] receive bad treatment and find themselves crippled or disabled for the rest of their lives … because of poor care," Sen. Judith Robson, D-Beloit, said. "They should have recourse to the courts, and we can't artificially put numbers on that."
Democratic opponents further suggested the Legislature's efforts to pass AB 1037 show a general disregard for the rulings and authority of the state Supreme Court.
"Why the Legislature continues, or why the Republican leadership continues, to hate one branch of government — the judicial branch — I don't know," Sen. Tim Carpenter, D-Milwaukee, said.
As AB 1073 opponents continued to argue the bill's shortcomings, supporters maintained the importance of passing a bill in a timely fashion.
"There are many kinds of issues that we could go on and on and on over," Sen. Carol Roessler, R-Oshkosh, said. "But I'm concerned about time … we must move forward with the information we have now."
As the bill already passed through the Assembly last week in a 74 to 22 vote, it will now be forwarded to Gov. Jim Doyle for review.
Although he vetoed a similar piece of legislation in December on grounds of unconstitutionality, it is uncertain whether he will veto AB 1073.
