In October of 2007, Rep. Phil Garthwaite supported Governor Doyle's plan to partially balance the state budget by stealing $200 million from the Injured Patients and Families Compensation Fund. This morning the Supreme Court of Wisconsin ruled Garthwaite's raid unconstitutional.
Each year every doctor in Wisconsin pays thousands into the fund to act as a buffer against large medical malpractice suits. Over the years this fund had helped to keep down the price of medical malpractice insurance in Wisconsin, thus reducing the price of health care while simultaneously attracting high quality doctors to Wisconsin.
After Garthwaite succeeded with the raid, the fund became insolvent driving up the cost of medical malpractice insurance in Wisconsin. The Wisconsin Medical Society also reported that doctor recruitment became more difficult after the raid.
Today's ruling is a victory for health care in Wisconsin and also for property rights but it does create a major problem for the next legislature.
Despite voting to increase taxes by nearly $5 billion, Garthwaite and his colleagues in Madison have left the state with a $2.5 billion deficit. This ruling will likely tack $200 million plus interest onto that.
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