Wisconsin (WI) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Wisconsin.
Damage Cap
$750,000 non-economic damages
Statute of Limitations
3 years from the date of the injury or 1 year from the date the injury was discovered, whichever is later
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.
Average Settlement
$200,000 - $475,000
Average Verdict
$350,000 - $1,200,000
Key Facts About Wisconsin Medical Malpractice Law
- 1Wisconsin caps non-economic damages at $750,000 for medical malpractice claims.
- 2The state maintains the Injured Patients and Families Compensation Fund, which covers damages exceeding the provider's primary coverage.
- 3Wisconsin follows a modified comparative negligence system with a 51% bar.
- 4Punitive damages are generally not available in medical malpractice cases in Wisconsin, as the focus is on compensatory relief.
Need Help with a Wisconsin Medical Malpractice Case?
If you believe you have a medical malpractice claim in Wisconsin, it is important to act quickly. The statute of limitations in Wisconsin is 3 years from the date of the injury or 1 year from the date the injury was discovered, whichever is later. Most medical malpractice attorneys offer free initial consultations.