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Statute of Limitations

Actions must be filed within three years of the date of the act or omission causing the injury, or one year from the date the injury was or reasonably should have been discovered, whichever is later

Comparative or contributory negligence

modified comparative negligence, whereby the plaintiff's claim is barred if his negligence equals or exceeds that of the defendants.

Nature of accused's liability

Unless a defendant is more than 50% responsible for a plaintiff's injury or acted in concert with other defendants, each defendant is liable for damages in an amount proportionate to that defendant's fault.

Law of contribution

A joint defendant who pays more than his equitable share of damages has the right to contribution against the other defendants

Expert testimony standards

Wisconsin does not impose special limits on the testimony of expert witnesses

Limits on compensation

Non-economic damages are limited to $350,000 or $500,000 for cases involving the death of a minor.

Limits on attorney fees

Attorney fees are limited to 1/3 of the first $1m. Attorney fees are limited to 25% for any recovery in excess of $1m.

Collateral Source rule enforced

Evidence of collateral source payments is admissible at trial

State and local health care providers immune from liabaility

The state of Wisconsin has waived its immunity in malpractice cases to a certain extent.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability