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State ordered to repay medical malpractice fund

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Recently, the Wisconsin Supreme Court ordered $200 million be repaid to the state's medical malpractice fund after it was taken from the fund three years ago.  The governor and state legislators approved removing the money from the medical malpractice fund in 2007 to help pay for other state medical programs and balance the state budget.

Doctors and healthcare providers in Wisconsin are required to purchase malpractice insurance for $1 million per occurrence and a $3 million annual aggregate.  Any medical malpractice settlements or awards over this amount are paid for out of the state fund, which approximately 13,000 healthcare providers in Wisconsin contribute to, so when the $200 million was removed from the fund doctors' insurance rates increased by almost 10 percent.

The Supreme Court's decision came after the Wisconsin Medical Society filed a lawsuit saying that the removal of the funds was unconstitutional.  The court agreed and stated, "Health care providers have a constitutionally protected property interest in the fund" and that it was "an unconstitutional taking of private property without just compensation".

If you or someone you know has been the victim of medical malpractice, contact the Green Bay injury lawyers of Habush Habush & Rottier S.C. ® at 800-242-2874 to learn more about your rights.