Recent Wisconsin News
April 2019 Newsletter
Risky business: Lawsuit venue shopping harms access to care An overview of Pennsylvania’s recent proposed changes to lawsuit venue filing rules highlights the risk it adds to accessible and affordable care. Following a surge of liability lawsuits in locations that...
Wisconsin is second best state for physicians, new national ranking finds
SOURCE: Wisconsin Watchdog Wisconsin ranks the second best state for doctors to practice in, according to a new national study, but a state physicians’ group said the analysis tends to run counter to its recent surveys. The website WalletHub.com, which published a...
July 2018 Newsletter
Wisconsin court preserves reforms – and access to care A decision this month by Wisconsin’s state Supreme Court kept intact liability reforms that have placed reasonable limits on noneconomic damages and resulted in lower health care costs for patients and physicians....
Current Medical Liability Laws
| Damage Caps | $750,000 non-economic damages for medical negligence. (2006) A wrongful death action may be brought jointly with a negligence action. Wrongful death actions are capped at $500,000 per occurrence for minors and $350,000 per occurrence for adults. |
| Joint Liability Reform | Yes. Defendants are responsible only for their proportionate share of negligence if they are less than 51% at fault unless a defendant acted as part of a common scheme or plan. |
| Collateral Source Reform | Yes. The defendant may introduce evidence of payments received from collateral sources. |
| Attorney Fees Limited | Yes, as follows: 33 1/3% of the first $1 million, or 25% if certain procedural timeframes are met; 20% of amounts exceeding $1 million. Court has discretion to increase fees. |
| Periodic Payments Permitted | Yes, if future medical expenses are expected to exceed $100,000. |