Wisconsin · Medical Malpractice
Wisconsin medical malpractice damage caps and statute of limitations
Refreshed 2026. $750,000 damage cap. 3 years from injury OR 1 year from discovery, whichever is later. Full breakdown below.
Damage caps
WI Stat. § 893.55Non-economic damages cap
$750,000
Total damages cap
None
Status
active
Notes
Fixed cap for claims on/after April 6, 2006. Cap overturned by lower court (2017), reinstated by WI Supreme Court in Mayo v. Wisconsin Injured Patients & Families Compensation Fund (2018). Injured Patients & Families Compensation Fund covers excess over $1M.
Statute of limitations
WI Stat. § 893.55Standard SOL
3 years from injury OR 1 year from discovery, whichever is later
Discovery rule
Yes; 1 year from discovery provides extension beyond 3-year standard
Statute of repose
5 years from act or omission
Minor exception
For minors: SOL tolled during minority; must file before later of age 18 + standard period or 5-year repose
Wrongful death SOL
3 years from date of death
Notes
Injured Patients & Families Compensation Fund involved in claims exceeding $1M.
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Wisconsin med-mal FAQ
What is the medical malpractice statute of limitations in Wisconsin?+
3 years from injury OR 1 year from discovery, whichever is later. Yes; 1 year from discovery provides extension beyond 3-year standard Statute of repose: 5 years from act or omission. Wrongful death: 3 years from date of death. Injured Patients & Families Compensation Fund involved in claims exceeding $1M. Source: WI Stat. § 893.55.
Does Wisconsin have a medical malpractice damage cap?+
Non-economic cap: $750,000. Fixed cap for claims on/after April 6, 2006. Cap overturned by lower court (2017), reinstated by WI Supreme Court in Mayo v. Wisconsin Injured Patients & Families Compensation Fund (2018). Injured Patients & Families Compensation Fund covers excess over $1M. Source: WI Stat. § 893.55.
How does Wisconsin handle the discovery rule in med-mal cases?+
Yes; 1 year from discovery provides extension beyond 3-year standard
What is the Wisconsin minor exception for medical malpractice?+
For minors: SOL tolled during minority; must file before later of age 18 + standard period or 5-year repose
What is the wrongful death statute of limitations for Wisconsin medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Wisconsin damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Wisconsin attorney before relying on a deadline. Data refreshed May 2026.