Health & Medical in Wisconsin
Key Wisconsin Law
Wisconsin Statutes Section 893.55
Wisconsin requires medical malpractice claims to be filed within three years of the date of injury or one year from discovery, whichever is later, under Wis. Stat. § 893.55, with a five-year absolute repose period.
View official statuteProcedural Details in Wisconsin
Wisconsin Agencies & Resources
Wisconsin Medical Examining Board
Licenses and disciplines physicians in Wisconsin; investigates professional conduct complaints.
Wisconsin Department of Health Services
Oversees hospital licensing and patient safety regulations in Wisconsin.
Wisconsin Office of the Commissioner of Insurance
Regulates health insurance and handles consumer complaints in Wisconsin.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Wisconsin?
Wis. Stat. § 893.55 provides three years from injury or one year from discovery (whichever is later), with a five-year absolute repose period. Wisconsin caps non-economic damages at $750,000 under § 893.55(4)(d). No pre-filing certificate of merit is required.
Does Wisconsin cap non-economic damages in malpractice cases?
Yes. Wisconsin Stat. § 893.55(4)(d) caps non-economic damages (pain, suffering, emotional distress, disfigurement) in medical malpractice at $750,000. Wisconsin courts have upheld this cap as constitutional. Economic damages — medical bills, lost wages, future care costs — are uncapped.
Does Wisconsin require a certificate of merit before filing malpractice?
Wisconsin does not require a formal pre-filing certificate of merit as a condition of filing a medical malpractice complaint. Expert testimony from a physician in the same specialty will be required at trial to establish the standard of care and the deviation from it.
How do I file a complaint against a physician in Wisconsin?
Complaints against physicians may be filed with the Wisconsin Medical Examining Board through the Department of Safety and Professional Services at dsps.wi.gov. The Board investigates and may impose conditions, suspend, or revoke a physician's license. Board proceedings are separate from civil lawsuits.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Wisconsin?
Every situation is unique. Try our educational assessment tool for guidance based on your specific circumstances.