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Lawsuit will test Wisconsin's medical malpractice limits

health care graphic
health care graphic

MILWAUKEE (WSAU-Wheeler News)  Wisconsin's limit on medical malpractice awards will apparently be tested after a jury awarded $25-million dollars to a Milwaukee woman who lost all four of her limbs.

Jurors agreed yesterday that doctors never found a strep infection in 53-year-old Ascaris Mayo. It led to "septic shock" which caused both her arms and both her legs to be amputated in 2011. Jurors awarded $15-million dollars for pain-and-suffering, and $1.5-million for her husband's loss of companionship. Both are well above the $750,000 limit for non-economic malpractice damages set by majority Republicans in the first session after Governor Scott Walker took office.

Attorney Daniel Rottier, who represented Mayo and her husband, expects the case to end up in the State Supreme Court. Jurors did not say that Doctor Wyatt Jaffe and his assistant Donald Gibson were negligent. They said both failed to give Mayo alternative diagnoses which could have caused her to seek other types of treatment.

Jaffe was ruled 65-percent at fault, and Gibson 35-percent.