State

Statutes of Limitation

Limits on Damage Awards

Pre-trial Screening and Arbitration

Wisconsin

§893.55. 3 years from injury or 1 year from discovery, not more than 5 years from act. Foreign object: 1 year from discovery or 3 years from act, whichever is later. Minors: by age 10 or standard provision, whichever is later.

§895.04. After 1995, $350,000 damage limit adjusted annually for inflation.

§893.55(4)(d). $500,000 damage limit for death of a minor, and $350,000 damage limit for death of an adult.

§655.42-4. Voluntary.  Mediation request must be made prior to court action and tolls statute of limitations until 30 days after the last day of mediation period.

Joint and Several Liability

Expert Witnesses

Wisconsin Malpractice Attorney Fees

Patient Compensation or Stabilization Fund

§895.045.(2). Defendants are proportionally liable according to percentage of fault for damages awarded, unless found to be deliberately acting in concert with others or found more than 50% at fault.

No provisions.

§655.013. Sliding scale, not to exceed 1/3 of first $1 million, or 25% of first $1 million recovered if liability is stipulated within time limits, 20% of any amount exceeding $1 million.

§655.27.  Injured Patients and Families Compensation Fund pays amounts in excess of statutorily prescribed future damages awards. Health care providers required to pay into fund annually.