Wisconsin Medical Malpractice Laws

The limitation on noneconomic damages for each occurrence after April 6, 2006 is $750,000. The statute of limitations is three years from injury or one year from reasonable discovery but not more than five years from the incident. For foreign objects, one year from reasonable discovery or three years from the act, whichever is later. For concealment, one year from reasonable discovery or three years from the act, whichever is later. There is modified several liability (joint liability if 51% or greater fault or two or more parties were acting in accordance with a common scheme or plan). Attorney fees are limited to one-third of the first $1 million and 20% of any amount in excess of $1 million (if liability is stipulated within 180 days of the filing of the complaint and not later than 60 days before trial, then 25% of the first $1 million). If future medical damages awarded are in excess of $100,000, the future medical expenses awarded in excess of $100,000 are paid into the Injured Patients and Families Compensation Fund. A claimant may request confidential mediation. There is no requirement for an affidavit or certificate of merit.

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