18 Mar Medical Society appeals fund case
The Wisconsin Medical Society said Tuesday that it has filed an appeal to overturn a Dane County Circuit Court decision upholding the state’s 2007 withdrawal of $200 million from the Injured Patients and Families Compensation Fund.
The withdrawal from the fund, created by the state Legislature to help mitigate the costs to health care providers of insurance coverage for malpractice lawsuits, was used to help fill a budget gap for the 2007-2009 biennium. The Medical Society sued to stop the action in October 2007.
Dane County Circuit Court Judge Michael Nowakowski dismissed the lawsuit in December 2008, ruling that health care providers do not have an interest in the fund and that Wisconsin law prevents the state from being sued on the Society’s other claims in this type of case.
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