Skip to main content

Is the Wisconsin medical malpractice cap per occurrance, or entire case?

Beaver Dam, WI |

Is the Wisconsin medical malpractice cap per occurrance, or entire case?

Attorney Answers 2

Posted

The entire case is subject to the $750,000 cap on noneconomic danages.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Mark as helpful

3 lawyers agree

5 comments

Asker

Posted

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

Posted

There were caps in place before 2005.

Asker

Posted

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.

Asker

Posted

$350,000

Asker

Posted

"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.

Posted

I agree with attorney McCormick as he is Licensed in Wisconsin.

Mark as helpful

4 lawyers agree

1 comment

Asker

Posted

"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

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics