Wisconsin Nursing Home Laws

Wisconsin Nursing Home Law | Nursing Home Abuse Laws

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)

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)

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.