What Counts as Medical Malpractice
Medical malpractice occurs when a healthcare provider's care falls below the accepted professional standard and that failure causes injury. Examples include surgical errors, misdiagnosis or delayed diagnosis, medication mistakes, birth injuries, and failure to obtain informed consent. Not every bad outcome is malpractice — the key is whether the provider was negligent.
Wisconsin's Damage Caps and the Compensation Fund
Wisconsin caps non-economic damages (such as pain and suffering) in medical malpractice cases — currently 750,000 dollars. However, economic damages like medical bills and lost income are not capped. Wisconsin also operates the Injured Patients and Families Compensation Fund, which can pay damages above a provider's primary coverage, making full recovery possible in catastrophic cases.
The Expert Requirement
Wisconsin malpractice claims almost always require testimony from a qualified medical expert to establish the standard of care and how it was breached. Building this expert support, obtaining and reviewing voluminous medical records, and meeting strict procedural rules make these among the most complex injury cases — and why experienced counsel matters.
Deadlines in Wisconsin Malpractice Cases
Wisconsin generally requires malpractice claims to be filed within three years of the negligent act, or within one year of discovering the injury (with an overall limit). Special rules apply to minors and to foreign objects left in the body. Because these deadlines are strict and fact-specific, prompt legal advice is essential.
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Frequently Asked Questions
No. Malpractice requires that the provider's care fell below the accepted standard and caused harm.
Non-economic damages are capped (currently 750,000 dollars), but economic damages like medical bills and lost wages are not.
Generally three years from the negligent act or one year from discovery, with special rules for minors and foreign objects.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Wisconsin attorney.