Medical malpractice in Wisconsin
Noneconomic limit, upheld in Mayo
Wisconsin medical malpractice cases generally face a three-year or one-year discovery filing rule with a five-year outer limit on the discovery path, required mediation, and a $750,000 noneconomic damages limit for covered occurrences after April 6, 2006.
Last reviewed September 22, 2026
- Noneconomic cap
- $750,000
- Adult death society
- $350,000
- Usual filing window
- 3 years
Per occurrence, acts on or after April 6, 2006
Separate limit. A minor is $500,000
Or 1 year from discovery, if that ends later
Damage caps
Noneconomic damages for bodily injury in covered medical malpractice cases are limited to $750,000 per occurrence from providers, covered employees, and the compensation fund combined. Economic damages are not subject to that noneconomic ceiling. Wrongful-death loss of society and companionship remains subject to separate dollar limits under Wis. Stat. 895.04(4).
Not capped
Economic damages
Economic damages under chapter 655 are not subject to the noneconomic ceiling. They are determined for the expected accrual period and reduced to present value.
Capped
Noneconomic damages
Total noneconomic damages for bodily injury, from all negligent health care providers, their covered employees, and the Injured Patients and Families Compensation Fund, may not exceed $750,000 per occurrence for acts or omissions on or after April 6, 2006.
Do not read the $750,000 figure as a cap on every wrongful-death loss. Loss of society and companionship in a wrongful-death claim is separately limited to $350,000 per occurrence for a deceased adult and $500,000 for a deceased minor. Mayo v. Wisconsin Injured Patients and Families Compensation Fund, 2018 WI 78, upheld the current noneconomic limit. Ferdon (2005) struck an earlier, lower cap. The current statute includes legislative findings.
The $750,000 noneconomic limit is per occurrence and combines providers, covered employees, and the compensation fund. It is not a separate $750,000 for each defendant.
Mayo v. Wisconsin Injured Patients and Families Compensation Fund. In 2018, the Wisconsin Supreme Court upheld the $750,000 noneconomic damages limit against equal-protection and due-process challenges. An earlier, lower cap had been struck in Ferdon (2005). Mayo does not replace the separate loss-of-society limits that apply in a wrongful-death case.
Injury noneconomic limit and death society limits
These are different statutory tracks. The injury figure is not a single cap on a wrongful-death society claim.
| Milestone | Noneconomic injury | Loss of society |
|---|---|---|
| Acts or omissions on or after April 6, 2006Review year | $750,000 | Adult $350,000; minor $500,000 |
The $750,000 noneconomic limit is per occurrence under Wis. Stat. 893.55(4) and 655.017, and was upheld in Mayo (2018). Notwithstanding that framework, wrongful-death damages for loss of society and companionship are also subject to Wis. Stat. 895.04(4): $350,000 per occurrence for a deceased adult and $500,000 for a deceased minor. Confirm fund and insurance layering with counsel. This page does not state fund payment statistics.
Filing deadlines
File within three years of injury or one year of discovery, whichever is later, but do not rely on discovery more than five years after the act or omission. Request mediation under chapter 655. A proper mediation request can toll the clock.
- General rule
An action for injury from treatment or omission by a health care provider must be commenced within the later of three years from the date of injury, or one year from discovery, or from when the injury should have been discovered. The discovery path may not be used more than five years from the act or omission.
- Concealment
If a provider conceals a prior act or omission that caused injury, the claimant may sue within one year of discovering the concealment, or when it should have been discovered, or within the ordinary periods, whichever is later.
- Foreign object
A non-therapeutic foreign object may support a suit within one year after the claimant is aware of it, or should have been aware of it, or within the ordinary periods, whichever is later.
- Mediation
Chapter 655 requires mediation for covered medical malpractice disputes. A claimant may request mediation before suit, or within 15 days after filing a court action. Court proceedings are constrained until the mediation period ends. A timely mediation request tolls limitations through the mediation period plus a short post-mediation window.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
Mayo left the $750,000 limit in place
The living injury headline is the $750,000 noneconomic cap for occurrences on or after April 6, 2006. Mayo upheld that limit. Ferdon struck an older, lower cap and does not describe the current statute.
Death cases use a second limit
Loss of society and companionship in a wrongful-death claim is limited to $350,000 for a deceased adult and $500,000 for a deceased minor. Do not badge every Wisconsin case as $750,000 for everything.
Mediation and a five-year discovery limit
Mandatory mediation under chapter 655 is the process headline. The discovery filing path stops at five years from the act or omission. Covered providers also participate in the Injured Patients and Families Compensation Fund. Confirm coverage with counsel.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Wisconsin case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Noneconomic limits, separate wrongful-death society limits, and insurance or compensation-fund structure shape what can be recovered.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Noneconomic damages in chapter 655 medical malpractice cases are capped at $750,000 per occurrence for acts on or after April 6, 2006, under Wis. Stat. 893.55(4)(d)1 and 655.017. That limit was upheld in Mayo v. Wisconsin Injured Patients and Families Compensation Fund, 2018 WI 78. An earlier lower cap was struck in Ferdon (2005). Wrongful-death loss of society and companionship is separately limited by Wis. Stat. 895.04(4) to $350,000 for a deceased adult and $500,000 for a deceased minor. The filing rule is the later of three years from injury or one year from discovery, and the discovery path may not extend more than five years from the act or omission. Mediation under chapter 655 is mandatory. Do not collapse a death case into the $750,000 figure alone.
- Wis. Stat. 893.55 (opens in a new tab)Accessed September 22, 2026
- Wis. Stat. 655.017 (opens in a new tab)Accessed September 22, 2026
- Wis. Stat. 895.04 (opens in a new tab)Accessed September 22, 2026
- Wis. Stat. 655.44 (opens in a new tab)Accessed September 22, 2026
- Chapter 655 (mediation and compensation fund) (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Wisconsin attorney about mediation timing and whether the injury limit or a wrongful-death society limit applies.