Medical Malpractice
Holding medical providers accountable when substandard care causes serious injury or death.
Wisconsin's medical malpractice statute of limitations is generally three years from injury, or one year from discovery (not to exceed five years from the act) under Wis. Stat. § 893.55. Evidence degrades quickly — contact us as soon as possible.
When a trusted medical professional causes harm through negligent care, the consequences can be devastating — permanent injuries, lost income, mounting medical bills, and sometimes the loss of a loved one. Medical malpractice cases are among the most complex and heavily-defended areas of personal injury law, requiring attorneys with the experience and resources to take on hospitals, insurance companies, and their expert witnesses.
At Smith & Associates, we work with qualified medical experts to evaluate whether the care you received fell below the accepted standard and whether that substandard care directly caused your injury. We handle cases involving surgical errors, birth injuries, misdiagnosis and delayed diagnosis, medication errors, anesthesia mistakes, hospital-acquired infections, and nursing home negligence.
Wisconsin law imposes specific limits and procedures on medical malpractice claims, including damage caps and strict filing deadlines. We move quickly to preserve evidence, retain experts, and build the strongest possible case for recovery.
Related Practice Areas
State law summary
Wisconsin caps noneconomic damages in medical malpractice at $750,000 — a cap upheld in Mayo v. Wisconsin Injured Patients and Families Compensation Fund (2018). Awards exceeding $1,000,000 are paid from the Wisconsin Injured Patients and Families Compensation Fund.
Statute of limitations
3 years from occurrence or 1 year from discovery, capped at 5 years total
Limited exceptions for concealment and foreign objects. Tolling provisions apply for minors and incapacitated persons.
Statutes-of-limitations rules vary by case and may have exceptions. Consult counsel before relying on this summary.
Key statutes
Medical malpractice limitations Wis. Stat. § 893.55
3 years from act/omission or 1 year from discovery; 5-year statute of repose with exceptions.
Noneconomic damages cap Wis. Stat. § 893.55(4)(d)
$750,000 cap on noneconomic damages; upheld in Mayo v. Wisconsin Injured Patients and Families Compensation Fund, 2018 WI 78.
Source: State_Legal_Data (verified per file). This summary is for general information only and is not legal advice.
Medical Malpractice FAQ
Answers to common questions about this area of law.
Frequently Asked Questions
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