Hospital Infections in Wisconsin
Average Settlement: $250,000 - $700,000 | Statute: 3 years from the date of the injury or 1 year from the date the injury was discovered, whichever is later
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Wisconsin Medical Malpractice Laws
Statute of Limitations
3 years from the date of the injury or 1 year from the date the injury was discovered, whichever is later
Damage Cap
$750,000 non-economic damages
Discovery Rule
Wisconsin applies the discovery rule, allowing the statute to begin when the injury is discovered or should have been discovered, subject to a 5-year statute of repose.
Pre-Filing Requirements
No mandatory pre-filing requirements, but claims may be submitted to a mediation panel.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Wisconsin caps non-economic damages at $750,000 for medical malpractice claims.
- ✓The state maintains the Injured Patients and Families Compensation Fund, which covers damages exceeding the provider's primary coverage.
- ✓Wisconsin follows a modified comparative negligence system with a 51% bar.
- ✓Punitive damages are generally not available in medical malpractice cases in Wisconsin, as the focus is on compensatory relief.
Victim of Hospital Infection in Wisconsin?
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Other Malpractice Types in Wisconsin
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Wisconsin.