Medical Malpractice Rules in Wisconsin
The deadline to file a medical malpractice claim in Wisconsin, the discovery rule, and caps on damages.
Short answer: The later of three years from the date of injury, or one year from when the injury was or reasonably should have been discovered, but no more than five years after the act or omission. Wis. Stat. § 893.55(1m)–(3)
| Medical malpractice deadline | The later of three years from the date of injury, or one year from when the injury was or reasonably should have been discovered, but no more than five years after the act or omission. If the provider concealed a prior act or omission, the patient has one year from discovering the concealment (if later). For a foreign object left in the body, one year from when the patient became or should have become aware of it (if later). Source: Wis. Stat. § 893.55(1m)–(3) |
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| Medical malpractice caps | Total noneconomic damages for bodily injury from health care providers (including claims by family members, such as loss of consortium) are capped at $750,000 per occurrence on or after April 6, 2006. The same limit applies to long-term care providers. Juries make findings without regard to the cap, and the court reduces the award. Source: Wis. Stat. §§ 893.55(4), 893.555 |
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FAQ
What is the statute of limitations for medical malpractice in Wisconsin?
The later of three years from the date of injury, or one year from when the injury was or reasonably should have been discovered, but no more than five years after the act or omission. If the provider concealed a prior act or omission, the patient has one year from discovering the concealment (if later). For a foreign object left in the body, one year from when the patient became or should have become aware of it (if later).
Is there a cap on medical malpractice damages in Wisconsin?
Total noneconomic damages for bodily injury from health care providers (including claims by family members, such as loss of consortium) are capped at $750,000 per occurrence on or after April 6, 2006. The same limit applies to long-term care providers. Juries make findings without regard to the cap, and the court reduces the award.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.