Wisconsin Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
Wis. Stat. § 893.55
Exceptions to Cap
- Wrongful death (Strict caps)
Wisconsin caps noneconomic damages at $750,000 for standard medical malpractice injuries. For wrongful death, the caps are much stricter: $500,000 for a deceased minor and $350,000 for a deceased adult.
Frequently Asked Questions
What is the noneconomic damage cap in Wisconsin?
Under Wis. Stat. § 893.55, noneconomic damages for injury cases are capped at $750,000.
What are the wrongful death caps in Wisconsin?
In wrongful death cases, noneconomic damages (loss of society and companionship) are capped at $500,000 if the victim was a minor, and $350,000 if the victim was an adult.
How does the Wisconsin Injured Patients and Families Compensation Fund work?
Healthcare providers carry insurance up to a certain limit (often $1M), and the state Fund pays any economic damages exceeding that limit.
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