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Asker
Posted over 2 years ago.

So the physically injured individual is limited to the cap, but the person other than the injured person may receive noneconomic compsensation for each occurrence on or after April 6, 2006?

893.55(4)(b) The total noneconomic damages recoverable for bodily injury...and any action for a claim by a person other than the injured person for noneconomic damages recoverable for bodily injury, may not exceed the limit under par. (d) for each occurrence on or after April 6, 2006, from all health care providers and all employees of health care providers acting within the scope of their employment and providing health care services who are found negligent and from the injured patients and families compensation fund. 893.55(4)(d)1 The limit on total noneconomic damages for each occurrence under par. (b) on or after April 6, 2006, shall be $750,000.

It's not on a per count basis? If a doctor treats a patient say, 15 times over the course of many years, without the written informed consent that is required by statute to perform such act, the injured individual is limited by the cap?

Is it true that for any malpractice that occurred before 2005 and discovered today is now uncapped?

David J. McCormick
David J. McCormick, Personal Injury Lawyer - Milwaukee, WI
Posted over 2 years ago.

There were caps in place before 2005.

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Asker
Posted over 2 years ago.

Yes, caps of $350,00 that have since been amended (April 6, 2006) because it was deemed unconstitutional. I have read in magazines by Wisconsin attorney's that for malpractice claims occuring before that date and have yet to be discovered, they remain uncapped. You have also failed to answer my other questions. Thank you.

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Asker
Posted over 2 years ago.

$350,000

No photo
Asker
Posted over 2 years ago.

"2005 Wisconsin Act 183 creates a limit of $750,000 on noneconomic damages for each occurrence of medical malpractice." See Legislative Brief 06-19, November 2006. http://legis.wisconsin.gov/lrb/pubs/lb/06lb19.pdf

I guess that answers everything.