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UPDATE: Judge upholds UW doctor malpractice cap

UPDATED Friday, September 13, 2013 --- 9:10 a.m.

MADISON, Wis. (AP) -- A Dane County judge has upheld a $250,000 malpractice cap for University of Wisconsin-Madison doctors.

The case involves a Verona woman who won a $1.8 million jury award in her husband's death. The jury found a UW doctor was negligent. Terri Fiez challenged the malpractice cap set for UW doctors and other state employees.

The State Journal says Judge John Markson ruled Fiez had not shown the cap was unconstitutional. The judge urged the state Supreme Court to take the case because the $250,000 cap was set by the Legislature in 1979 and should be updated.

Copyright 2013: Associated Press

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UPDATED Monday, July 29, 2013 --- 9:08 a.m.

MADISON, Wis. (AP) -- A Verona woman is challenging a law that caps malpractice damages against University of Wisconsin doctors at $250,000.

A Wisconsin State Journal report says a jury awarded Terri Fiez $1.8 million in a wrongful-death lawsuit against a UW doctor. But state law limits total damages against UW doctors to $250,000.

For most other doctors, non-economic damages are capped at $750,000, and there's no cap on economic damages.

Fiez is challenging the UW cap in Dane County court, the first challenge to the 1979 law.

Her attorney, Eric Farnsworth, says the law means a widow who whose husband died at UW Hospital would be significantly worse off in the case of a fatal mistake than if the ambulance had taken him to a different hospital.

A UW Health spokeswoman declined to comment.

Copyright 2013: Associated Press

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Posted Monday, July 29, 2013 --- 7:23 a.m.

MADISON, Wis. (AP) -- A Wisconsin woman who won a $1.8 million award in the death of her husband is challenging a cap on damages for doctors employed by the state.

The cap limits the woman's payment to $250,000 because the doctor she accused of negligence works for the University of Wisconsin-Madison. The cap enacted in 1979 is designed to protect taxpayers and state government.

A Dane County jury ruled Dr. Jonathan Keevil was negligent in the death of Robert Fiez who died in 2010 of blood clots in his lungs. His widow, Terri Fiez, was awarded $1.8 million.

The State Journal reports a hearing is scheduled Aug. 27 before a Dane County judge.

Copyright 2013: Associated Press


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