Wisconsin Medical Malpractice Laws
Wisconsin has a unique Injured Patients and Families Compensation Fund (IPFCF) that provides unlimited excess coverage above each provider's primary insurance — ensuring patients can recover large judgments. Non-economic damages are capped at $750,000 (upheld as constitutional in 2018). Punitive damages are NOT available in med mal. The statute of limitations is the later of 3 years from the act or 1 year from discovery, with a 5-year repose. Unlike general PI, minority tolling does NOT apply to med mal claims.
Last verified: 2026-02-25
Statute of Limitations
Medical malpractice claims must be filed by the later of: (a) 3 years from the negligent act, or (b) 1 year from discovery. An absolute 5-year statute of repose applies from the date of the act. The discovery rule applies to foreign objects.
Exceptions
Unlike general PI, the disability tolling provision (§ 893.16) explicitly excludes medical malpractice claims. Minors must file within the standard limitation periods — there is no tolling until age 18.
Fault & Liability Rules
Wisconsin's comparative fault rules apply to medical malpractice. A patient 51% or more at fault is barred from recovery.
Damage Caps
Non-economic damages in medical malpractice are capped at $750,000. Upheld as constitutional by the Wisconsin Supreme Court in Mayo v. Wisconsin IPFCF (2018). No cap on economic damages. Punitive damages are not available in med mal cases.
Filing Requirements
A request for mediation must be filed with the Director of State Courts within 15 days of filing the lawsuit (or before filing). A mediation panel reviews the claim before litigation proceeds. Applies to all claims against providers covered by the IPFCF.
Key Wisconsin Statutes
A unique state-run fund providing unlimited excess coverage above each provider's primary malpractice insurance. Most full-time Wisconsin physicians must participate and pay annual assessments. When an award exceeds primary insurance limits, the fund pays the excess. Ensures patients can recover large judgments even when individual coverage is insufficient.
Since December 15, 2013, Wisconsin uses the professional (physician-based) standard — patients must prove through expert testimony that a reasonable physician in the same specialty would have disclosed the risk. Previously used a patient-based standard.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Wisconsin.
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