Wisconsin

Statute of Limitations

Medical Claim Generally:

A medical malpractice action must be brought within “three years from the date of the injury, or one year from the date the injury was discovered or, in the exercise of reasonable diligence should have been discovered, except that an action may not be commenced under this paragraph more than 5 years from the date of the act or omission.” [WS §893.55(1m)]

Minors:

Any person under the age of 18, who is not under disability by reason of insanity, developmental disability or imprisonment, shall bring an action to recover damages for injuries to the person arising from any treatment or operation performed by, or for any omission by a health care provider within the time limitation under s. 893.55 or by the time that person reaches the age of 10 years, whichever is later. That action shall be brought by the parent, guardian or other person having custody of the minor within the time limit set forth in this section. [WS §893.56]

Wrongful death:

A wrongful death action “shall be commenced within 3 years” [Wis. Stat. § 893.54]

Damage Caps

Non-economic damages are capped at $750,000 per occurrence regardless of the number of defendants (Wisconsin Statutes § 893.55).

Attorney Fee  Caps

Contingency fee arrangements are subject to limitations depending on the amount recovered. [WS § 655.031]

Pre-suit Requirements

Wisconsin does not have any pre-suit requirements.

Expert

Qualifications

Wisconsin only states experts are qualified “by knowledge, skill, experience, training, or education” [WS § 907.02]

Negligent

Credentialing Claims

Wisconsin courts continue to allow negligent credentialing claims. [Johnson v. Misericordia Community Hospital (1981)]