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Wisconsin Medical Malpractice Statute of Limitations
Medical malpractice claims are brought before the court to seek damages for wrongful death or injury, due to the negligence of a physician. If a doctor fails to diagnose an illness, does not provide the recognized standard of treatment for an illness or injury, or does not provide treatment for an unreasonable amount of time, he/she can be held responsible for further injury or death. However, each state may handle the laws regarding malpractice differently. For example, in Wisconsin mediation may be required before the case is brought before the court.
Time Limits for Filing a Claim in Wisconsin
Wisconsin does have a statute of limitations for filing a malpractice claim. The suit must be filed within three years of the time of the malpractice, within one year that the injury is discovered, or whichever date comes first. In the case of a minor, the suit must be brought by the tenth birthday or within the three-year period, or whichever comes later.
Negligence Laws
Negligence laws differ, depending on the individual state laws. For instance, Wisconsin has modified the joint and several liability laws. Unless the defendant is found to be at least 50% responsible for the plaintiff’s injury or death, the defendant is liable for damages in proportion to the level of responsibility assessed during the court proceedings. For further specifics for the state of Wisconsin, see the following chart:
| Code Section | 895.045 |
| Comparative Negligence | - |
| Contributory Negligence-Limit to Plaintiff's Recovery | Contributory negligence is not a bar if claimant's negligence is not greater than defendants are. Damages diminished in proportion to claimant' attributable negligence. |
| Contribution Among Tortfeasors | Yes; common law right based on equitable principles (State Farm Mutual Auto Ins. v. Continental Cas. Co., 59 N.W. 2d 425) |
| Uniform Act | No |
Award Limits in Wisconsin
Wisconsin does have a cap for the non-economic damages portion of the award. In the case of an adult, the cap is placed at $350,000. However, if the case is dealing with the death of a minor, the cap is raised to $500,000. However, the court can still make sure that all current and future bills related to the malpractice can be covered by compensation.
Legal Help
Before going before the court as the plaintiff in a malpractice case, professional legal help should be obtained. During the mediation period, people may settle out of court for a lot less than they will need to meet ongoing medical care or make up for the loss of potential wages, because of permanent injury or death. In any case, a lawyer can make sure the plaintiff is able to receive the compensation allowable by the state laws regarding malpractice.