You must show the provider breached the accepted standard of care and that the breach caused your injury. Expert testimony from a qualified physician is almost always required.
Proving Malpractice
The Non-Economic Damage Cap
Wisconsin caps non-economic damages in medical malpractice cases at $750,000 (Wis. Stat. § 893.55 and related provisions). Economic damages such as additional medical care and lost income are not subject to that cap.
Wisconsin's Injured Patients Fund
Wisconsin maintains a fund that pays malpractice damages above a provider's primary coverage, which affects how serious cases are litigated and resolved.
Wisconsin's personal injury statute of limitations is generally three years from the date of injury (Wis. Stat. § 893.54). Malpractice claims may also involve discovery-rule timing, making early legal review important.
This article is general information, not legal advice. Injury Claim Team is a free attorney-matching service, not a law firm. For advice about your specific situation, talk to a licensed Wisconsin attorney — we'll connect you at no cost.