Link to State Law: Wisconsin Statutes and Annotations
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Wisconsin state law, contact an experienced attorney.
Statute of Limitations: Wisconsin medical malpractice actions must be filed within three years of the date of the negligent act or omission that resulted in an injury, or one year from the date the injury was or reasonably should have been discovered, whichever is later. No medical malpractice claims can be filed more than five years after the date of the act or omission that caused injury to the plaintiff. When a Wisconsin medical malpractice case involves a minor, a lawsuit must be filed by the minor's tenth birthday or within the general medical malpractice limitations period, whichever is later.
Minimum Qualifications of Expert Witnesses: There are no restrictions on the qualifications of expert witnesses who testify in Wisconsin medical malpractice suits.
Limitations on Monetary Damages: Wisconsin law caps medical malpractice noneconomic damages at $350,000. In medical malpractice cases involving the death of a minor, damages are limited to $500,000.
Limitations on Attorney Fees: According to Wisconsin law, attorney fees are limited to 1/3 of the first $1 million, or 25% of the first $1 million if the defendant stipulates to liability within a specified timeframe. For any recovery in excess of $1 million, attorney fees are limited to 25% of the recovery.