Nursing Home Negligence or Abuse
Statute of Limitations Wis. Stat. Ann. §893.54
- Three years from when the injury was discovered, or reasonably should have been discovered.
Damages Cap Wis. Stat. Ann. §893.55
- Non-economic damages are capped at $750,000.
- Punitive damages are capped at twice the amount of compensatory damages, or $200,000, whichever is greater. Wis. Stat. § 895.043(6)
Medical Malpractice
Statute of Limitations Wis. Stat. Ann. §§ 893.55 and 893.56
- Three years from date or injury, or 1 year from the date of discovery of injury, whichever is later.
- If foreign object is discovered, case must be filed within one year of date of discovery or three years from the date of injury.
- Minors must file within three years of date of injury, one year from date of discovery, or by age 10, whichever is later.
Damages Cap Wis. Stat. Ann. §893.55
- Non-economic damages are capped at $750,000.
- Future medical expenses in excess of $100,000 must be paid into the Wisconsin Patients’ Compensation Fund. The payments will continue until the account is exhausted or the patient dies. Wis. Stat. § 655.015
- The Fund will not pay more than $500,000 per year after deducting costs of collection and full medical expenses. Wis. Stat. § 655.27(5)(d)
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Wrongful Death
Statute of Limitations Wis. Stat. Ann. §893.54
- Three years.
- For wrongful death actions arising from alleged medical malpractice, the statute for medical malpractice applies and is measured from the date of the negligence treatment, not the date of death. Estate of Genrich v. OHIC Ins. Co., 2009
Damages Cap Wis. Stat. Ann. §895.04(4)
- Non-economic damages capped at $500,000 for the death of a minor, and $350,000 for the death of an adult.
- Punitive damages are not awarded for wrongful death actions. Wangen v. Ford Motor Co., 97 Wis. 2d 260, 294 N.W. 2d 437 (1980)
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