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Washington, DC, July 14, 2005 —A
decision today by the Wisconsin Supreme Court could ultimately
jeopardize patient access to healthcare, according to the
American Tort Reform Association (ATRA). The Court ruled in a
4-3 decision to strike down the state’s limit on noneconomic
damages that has been law since 1995.
"The citizens of
Wisconsin should expect this decision to have a detrimental
impact on their access to healthcare,” said ATRA President
Sherman Joyce. "Until now, Wisconsin has been one of the most
stable states in the nation when it comes to patient access to
healthcare, but this decision puts that stability at risk."
The cost of
litigation has resulted in higher and often unaffordable medical
liability premiums, which has forced doctors to retire
early, cease performing high-risk procedures or move to more
stable states. This has resulted in an access to healthcare
crisis in 20 states, according to the American Medical
Association, although Texas was this year removed from that list
due to its medical liability law enacted in 2003.
Some states,
including Texas, that have recently enacted reforms that include
limits on noneconomic damages are already beginning to see
doctors return to their states as a result of more stable and
reduced premiums.
“As other states
enact limits on noneconomic damages and witness the positive
impact it has on patient access to healthcare, Wisconsin is now
open for business. Today’s decision sends a signal to the
personal injury bar to bring medical liability lawsuits in
Wisconsin courts,” said Joyce.
Personal injury
lawyers have employed a national strategy that targets civil
justice reforms for repeal. This strategy, called “judicial
nullification,” undermines the legislative system by enticing
activist judiciaries to use malleable provisions of state
constitutions to undo reasonable public policy decisions dealing
with tort law made by elected representatives. More than 91
civil justice reform statutes have been struck down, in whole or
in part, in 28 states since 1983.
“Judicial
nullification undermines the fundamental constitutional
principle of the separation of power among the executive,
legislative and judicial branches of government,” said Joyce. |
