State high court weighs award limits

The Wisconsin Supreme Court heard arguments yesterday in the Ferdon case, which includes a constitutional challenge to the malpractice damage "cap." The article leaves the nature of the constitutional issues unclear. The court's synopsis of the issues raised says,

... the cap on non-economic damages in medical malpractice cases violated his constitutional rights by denying him the right to a jury trial and to equal protection under the law, and violated the separation of powers doctrine by substituting the judgment of the Legislature for that of the jury.