Medical malpractice lawsuits plummet in Wisconsin
State caps and a $1 billion malpractice insurance fund discourage claims even in the face of apparent wrongdoing


The number of medical malpractice lawsuits filed in Wisconsin fell to 140 last year, a drop of more than 50% since 1999, court records show. Malpractice lawyers blame the decline on state laws that they say are skewed in favor of doctors and hospitals; medical groups contend that malpractice suits have declined because health care professionals have gotten better at their jobs.

At the same time, a state-run malpractice insurance fund — created because of fears that medical malpractice insurance premiums would skyrocket without it — has grown to more than $1.15 billion, a total larger than all the money it has paid out during its entire 39-year history.

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Florida is the only other state with a similar ban. No such ban exists for other wrongful deaths in Wisconsin, such as those caused by drunken drivers or other negligent acts. In those types of cases, Daniels' grown children would have had every right to file a lawsuit. "The rule would not apply if you died because you were hit by a Pepsi truck or a Coke truck," said Paul Scoptur, a Milwaukee plaintiffs' lawyer and trial consultant. "To deny accountability when someone is killed is wrong."

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Collecting on a medical malpractice claim has gotten more difficult nationwide — the number of claims paid dropped 39% from 2003 to 2013. In Wisconsin, the decline was more than 66%, according to the National Practitioner Data Bank, a registry maintained by the federal government. Meanwhile, the number of issues reported to the federal database increased substantially. The issues — known as adverse actions — include reports of medical errors, loss of privileges and disciplinary actions. In Wisconsin there were 38 adverse action reports involving doctors filed in 2003, a figure that increased to 105 in 2013.