While we believe that the following information regarding the medical malpractice laws in the various states of the United States was accurate when written, laws in various states do change over time and you should not rely on the information below but rather seek the advice of a knowledgeable and competent medical malpractice lawyer in your state regarding the current and relevant medical malpractice laws in your state. The information below is for informational purposes only and is not intended as legal advice and should not be relied upon as legal advice.
The limitation on noneconomic damages for each occurrence after April 6, 2006 is $750,000. The statute of limitations is three years from injury or one year from reasonable discovery but not more than five years from the incident. For foreign objects, one year from reasonable discovery or three years from the act, whichever is later. For concealment, one year from reasonable discovery or three years from the act, whichever is later. There is modified several liability (joint liability if 51% or greater fault or two or more parties were acting in accordance with a common scheme or plan). Attorney fees are limited to one-third of the first $1 million and 20% of any amount in excess of $1 million (if liability is stipulated within 180 days of the filing of the complaint and not later than 60 days before trial, then 25% of the first $1 million). If future medical damages awarded are in excess of $100,000, the future medical expenses awarded in excess of $100,000 are paid into the Injured Patients and Families Compensation Fund. A claimant may request confidential mediation. There is no requirement for an affidavit or certificate of merit.
In its decision filed on July 5, 2017, the Wisconsin Court of Appeals District I (“Appellate Court”) held that Wisconsin’s statutory $750,000 cap on noneconomic damages in medical malpractice cases (WIS. STAT. § 893.55 (2015-16)) is unconstitutional on its face because it imposes an unfair and illogical burden only on catastrophically injured patients, thus denying them the equal protection of the laws.