Here’s all you need to know: “we conclude that the $350,000 ceiling adopted by the legislature is unreasonable and arbitrary because it is not rationally related to the legislative objective of lowering medical malpractice insurance premiums.”
The ceiling (on non-economic damages) won’t have a large effect? Perhaps. Won’t have a noticeable effect? It’s possible. Is not “rationally related?” Only because the court seems to define “rationally related” as “having a guaranteed large effect.” Applied consistently (which I don’t expect it will be), under that standard, I would guess that a very wide swath of the Wisconsin Code is vulnerable to constitutional challenge.
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