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Malpractice lawsuit could have big financial implications for state Wheeler News Service Published Wednesday, December 26, 2007 Can hospitals use the state’s malpractice fund as a crutch, instead of trying to avoid errors in the first place? The State Medical Society is asking that question in a lawsuit which could have major financial implications statewide. Larry Schultz of Mosinee is suing St. Luke’s Hospital in Milwaukee. He said a technician erred in administering a spinal injection. As a result, he suffered catastrophic injuries that confined him to a wheelchair for life. Court records said his care would cost more than $6 million. And he could be in for a big jury award, since the case was filed before the Legislature put a $750,000 cap on malpractice pain and suffering. The Medical Society has taken the rare step of filing a counter claim in the case. It says the hospital was negligent in training and supervising its employees. Therefore, St. Luke’s should pay some of the damages so the malpractice fund doesn’t take the entire hit. But the state’s Hospital Association says malpractice is why the fund exists and therefore, St. Luke’s should get what it might be due. If not, it says the quality of care throughout Wisconsin would be put in jeopardy. The Medical Society is also using the case politically to show why the malpractice fund needs money. Gov. Jim Doyle took $200 million from the fund to balance the new state budget. The Medical Society is now suing the governor. It says the St. Luke’s case shows why Doyle’s raid was “ill-advised.”
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