What Is the Statute of Limitations for Medical Malpractice in Wisconsin?
In Wisconsin, the statute of limitations for medical malpractice is generally 3 years under Wis. Stat. § 893.55(1m)(a).
Medical malpractice Deadlines in Wisconsin
How long do you have to file a medical malpractice claim in Wisconsin?
In Wisconsin, the statute of limitations for medical malpractice is generally 3 years under Wis. Stat. § 893.55(1m)(a). The full rule is: 3 Years (5-yr repose).
When does the clock start for medical malpractice in Wisconsin?
Three years from the act or omission, or one year from when the injury was discovered or should have been discovered — whichever is later.
Can the Wisconsin deadline for medical malpractice be extended?
A five-year statute of repose runs from the act or omission and caps the discovery extension. Wisconsin also runs a mandatory patients compensation fund and caps noneconomic damages by statute. Derivative wrongful death claims are pulled onto this section by Estate of Genrich.
Is the deadline different if the claim is against the government in Wisconsin?
Often, yes. Notice of injury within 120 days under Wis. Stat. § 893.80. Section 893.80 requires written notice of the circumstances of the claim to the governmental body within 120 days of the event, plus an itemised statement of relief sought. The body then has 120 days to allow or disallow the claim. Colby v. Columbia County hol…
How does Wisconsin compare to other states for medical malpractice?
Wisconsin's 3 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Wisconsin:
