Recent Wisconsin News
AMA’s legal team helps protect medical liability reforms
Medical liability reform is a high state legislative priority for the AMA. Not surprisingly, then, it is also a high priority for the Litigation Center for the American Medical Association and State Medical Societies. Evidence of this is the Litigation Center’s...
Legal reform advocates point to medical malpractice figures in New York, Pennsylvania
ALBANY, N.Y. (Legal Newsline) – Experts who have watched medical malpractice lawsuits skyrocket in states like New York, Rhode Island and New Jersey say lawmakers have made it too easy and attractive to sue and reform must happen. “New Yorkers once again pay more for...
December 2017 Newsletter
Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...
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. |