A state lawmaker wants to change the way medical malpractice cases go to court. The proposal from State Representative Robin Vos (R-Racine) would create special malpractice courts in Wisconsin, where a judge and state experts would determine if a doctor caused a patient's injuries. Vos says it provides the opportunity to have neutral experts testifying in medical malpractice cases. He says the current system is too often about who can afford the best witness to testify on the stand.
Vos also wants to limit the use of high cost lawyers by creating a fund to help injured patients. He says legal fees often end up taking away nearly 40% of what an injured person wins in a case. Vos says he'd rather see 100% of those dollars going to an injured patient, with the fund picking up the cost of legal defense.
The Racine Republican also wants a set scale for determining how much an injured patient receives. Rather than relying on a sympathetic jury for pain and suffering, Vos says payments should be based on the type and seriousness of the injury. He compares the proposed system to what's currently used to determine worker's compensation payments.
Vos say malpractice courts would help limit the defensive medicine many doctors are currently practicing to try and avoid lawsuits.