According to Medscape, Wisconsin the 2nd best state in which to practice medicine. A study by WalletHub found that Wisconsin has the third lowest malpractice award payout amount per capita. It also states that Wisconsin has the least expensive annual malpractice liability insurance.
Every state, including Wisconsin, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Wisconsin, the statute of limitations is three years. The discovery rule is an exception to the standard deadline in instances in which the plaintiff could not reasonably have learned that he/she even had a medical malpractice case. In Wisconsin, the discovery rule requires that the “clock” of the statute of limitations does not begin “ticking” until the plaintiff knows or reasonably should know that he/she was injured and the factual cause of the injury. Claimants may bring an action for medical malpractice within one year from the date of discovery, subject to a maximum limit of five years from the date of the negligent act.
As for minors in Wisconsin, actions are subject to the regular statute of limitations or must be brought by the time the minor reaches ten years of age, whichever is later. For claimants who are disabled by reason of insanity, an action may be commenced two years from the date the disability has been lifted, with a maximum of five years from the date of the negligent act.
In Wisconsin, a claimant’s negligence does not bar recovery if that negligence was not greater than that of the person against whom recovery is sought. The claimant’s negligence is compared separately to the negligence of each person against whom recovery is sought, and damages are diminished in proportion to the claimant’s negligence.
Costs, Requirements, and Limitations:
• Industry Average Cost of a Wisconsin Medical Malpractice Insurance Policy: $6,659
• Is Medical Malpractice Insurance Required in Wisconsin? Yes.
• Minimum Carrying Requirements in Wisconsin: Physicians must purchase medical malpractice insurance with a limit of $1,000,000 per claim with a $3,000,000 aggregate.
• What are the medical malpractice damage caps in Wisconsin? The noneconomic damages are capped at $750,000.
• What is the “statute of limitations” for a medical malpractice complaint? 3 years, Wisconsin Statutes section 893.55