Profession

Wisconsin ruling nixes key statute of limitations provisions

Doctors agree with the dissenting opinion that the court could have helped mend confusing laws instead.

By Amy Lynn Sorrel — Posted Jan. 30, 2006

Print  |   Email  |   Respond  |   Reprints  |   Like Facebook  |   Share Twitter  |   Tweet Linkedin

A 4-3 Wisconsin Supreme Court decision in December 2005 threw out the statute of limitations for medical liability cases involving developmentally disabled children. Along with it, physicians say the state's high court tossed their only remaining safeguard in these medical liability cases.

Doctors say they are disappointed yet again by the court that in July 2005 struck down the state's long-standing cap on noneconomic damages awarded in medical liability lawsuits.

The statute of limitations is an important issue for doctors because there has to be some finality in when people can file claims, said Ruth Heitz, the Wisconsin Medical Society's general counsel.

"The ability of health care professionals to defend against stale claims is almost impossible," she said.

But plaintiff attorneys say the ruling will have little impact on liability claims against doctors because it is limited to a small group of people.

In the lawsuit, 14-year-old Toby Haferman's parents allege that St. Clare Hospital in Baraboo, Wis. and family physician Donald W. Vangor, MD, caused their son's cerebral palsy when his brain was denied oxygen during critical moments before and after his birth in 1991. The physician and the hospital deny the allegations.

The central question for the Wisconsin Supreme Court was whether the case filed in 2002, 11 years after the alleged negligence, was brought before the statute of limitations for filing the case expired.

The debate was fueled by confusion over which of three laws relating to disabled children and medical liability applied. The Supreme Court reversed an appeals court decision that a three-year statute applied, allowing the Hafermans to go forward with their lawsuit. The court "determined that the Legislature has not provided a statute of limitations for claims against health care providers alleging injury to a developmentally disabled child," Judge Ann Walsh Bradley wrote. The opinion stated it was the only option without "rewriting the statutes or working an absurd and illogical result."

While it is too early to quantify how many cases the ruling may impact, WMS' Heitz said it could lead to more medical malpractice claims in the already unstable liability climate in Wisconsin. Cases involving children are also likely to bring higher awards in jury verdicts, she said.

But Lynn Laufenberg, past president of the Wisconsin Academy of Trial Lawyers, which supported the plaintiffs through a friend-of-the- court brief, said bad legislation created the problem, not the court. He also disputed that the ruling had anything to do with the debate over limiting noneconomic damages.

"If the Legislature had made [the statute] clear, I have no doubt the court would have enforced it," Laufenberg said.

Both sides agree, nevertheless, that a legislative problem exists with the three statutes. The laws that could apply are:

  • A general statute that actions against doctors must be filed within three years from the date the alleged negligence occurred, or within one year of when it was discovered.
  • A law that states minors, excluding developmentally disabled children, must file medical liability claims within the time frames in the general statue, or by age 10, whichever comes later.
  • A law that gives disabled minors up to two years after the disability ends to file a lawsuit. However, the law excludes actions against doctors.

Physicians say the court did not have to toss all three laws. They say the minority opinion from three of the seven judges got it correct. The dissenting opinion concluded that the court could have looked at the statute applied to minors in medical liability cases and struck the clause that said the law didn't apply to developmentally disabled children, treating them the same way it treats minors without developmental disabilities.

"With the loss of caps, the statute of limitations is the only protection we have," said Eric Borgerding, the Wisconsin Hospital Assn.'s senior vice president.

The WHA is collaborating with the WMS to propose a state law that would place a $750,000 cap on noneconomic damages in medical liability lawsuits, according to Mike Grapentine, WMS' senior vice president of government relations. He said they are working "aggressively" before the legislative session ends in April.

Back to top


ADDITIONAL INFORMATION

Case at a glance

Haferman v. St. Clare Healthcare Foundation Inc.

Venue: Wisconsin Supreme Court
At issue: Whether state legislation provides a definitive statute of limitations for medical liability claims filed by or on behalf of children with developmental disabilities. The court said no.
Impact: Doctors say the ruling could expose them to more liability lawsuits, adding problems to a liability climate that became troubled after the Wisconsin Supreme Court in July 2005 struck down laws that capped noneconomic damage awards. Plaintiffs attorneys say the ruling is not likely to bring more claims because it is limited to a narrow category of people.

Back to top


ADVERTISEMENT

ADVERTISE HERE


Featured
Read story

Confronting bias against obese patients

Medical educators are starting to raise awareness about how weight-related stigma can impair patient-physician communication and the treatment of obesity. Read story


Read story

Goodbye

American Medical News is ceasing publication after 55 years of serving physicians by keeping them informed of their rapidly changing profession. Read story


Read story

Policing medical practice employees after work

Doctors can try to regulate staff actions outside the office, but they must watch what they try to stamp out and how they do it. Read story


Read story

Diabetes prevention: Set on a course for lifestyle change

The YMCA's evidence-based program is helping prediabetic patients eat right, get active and lose weight. Read story


Read story

Medicaid's muddled preventive care picture

The health system reform law promises no-cost coverage of a lengthy list of screenings and other prevention services, but some beneficiaries still might miss out. Read story


Read story

How to get tax breaks for your medical practice

Federal, state and local governments offer doctors incentives because practices are recognized as economic engines. But physicians must know how and where to find them. Read story


Read story

Advance pay ACOs: A down payment on Medicare's future

Accountable care organizations that pay doctors up-front bring practice improvements, but it's unclear yet if program actuaries will see a return on investment. Read story


Read story

Physician liability: Your team, your legal risk

When health care team members drop the ball, it's often doctors who end up in court. How can physicians improve such care and avoid risks? Read story

  • Stay informed
  • Twitter
  • Facebook
  • RSS
  • LinkedIn