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Raid on Patients Compensation Fund Ruled Unconstitutional

This week the Wisconsin Supreme Court ruled that Governor Doyle’s and the Legislature’s 2007 raid of $200 million from the Injured Patients and Families Compensation Fund (IPFCF) was unconstitutional because the raid took property without just compensation. The IPFCF provides compensation for medical malpractice claims that exceed providers’ medical malpractice insurance. Over 13,000 doctors, hospitals, and other health care providers are required by state law to pay into this fund. As part of the 5-2 ruling, the Supreme Court ordered the State to repay the $200 million plus lost earnings and interest. The timing and installment amounts of this reimbursement will be determined by the Dane County Circuit Court in which this case originated. To read the full court ruling, click on the link above.