In 2004, the Wisconsin Supreme Court had ruled that families of malpractice victims who die could collect damages only for wrongful death and not for pain and suffering.
On Friday, the court overturned its own ruling and reinstated a $ 1.2 million award to the family of Helen Bartholomew, who suffered a heart attack and died after a doctor misdiagnosed her.
Victims should be eligible for both wrongful death damages and pain and suffering damages because they are separate causes of action, Chief Justice Shirley Abrahamson wrote in the majority opinion for four justices. The damages are capped under Wisconsin law - to $350,000 for wrongful death for adults, $500,000 for wrongful death for children and $750,000 for pain and suffering.
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