Medical Malpractice Claims in Wisconsin Fall to Record Low

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Medical malpractice claims hit a record low last year in Wisconsin, according to the Director of State Courts.

The number of medical malpractice lawsuits fell to 84 last year from 140 in 2013. There were 294 suits filed in 1999.

The state Medical Mediation Panels got 118 complaints last year, the fewest in their history. Plaintiffs must file with the panels before they can sue.

Michael End, a Milwaukee medical malpractice attorney, told the Milwaukee Journal Sentinel that “99 percent” of lawyers don’t want to take malpractice cases.

“The cases are very expensive, very time consuming and so many are lost that ought to be won,” End said.

Last year, the newspaper reported that the drop in malpractice lawsuits is due to state laws that limit who can file suits and the amount they can collect. Non-economic damages are limited to $750,000 in Wisconsin. Suits for loss of companionship can only be filed by spouses and minor children.

Lawyers for plaintiffs in medical malpractice suits often pay upfront costs and get a contingency fee if they win. Bringing such lawsuits can cost more than $100,000.

“Who is going to spend $130,000 and 500 hours of their life for a case that has little chance of winning?” End said.

Michael Matray, editor of Chicago-based trade journal Medical Liability Monitor, said lawyers are only taking cases that are “slam dunks.” Across the country, he said the number of malpractice suits has fallen because of caps on awards and the cost of filing suits. And the vast majority that go to trial are won by doctors, he said.

The state-managed insurance fund for doctors and hospitals in Wisconsin topped $1.2 billion last year and has nearly doubled since 2009. It’s the biggest fund of its kind in the United States.

Mark Grapentine, lobbyist for the Wisconsin Medical Society, said it’s beneficial for doctors and patients to limit malpractice suits and have the insurance fund. He’s heard from other state medical associations about Wisconsin’s legal climate.

“They wish they had as stable an environment as we do in Wisconsin,” Grapentine said.