Recent Wisconsin News
Malpractice premiums flat in 2015, but changes could be ahead
Physicians paid about the same in liability insurance premiums in 2015 as in 2014, and analysts don’t see costs changing anytime soon. A nationwide survey of insurers by the Medical Liability Monitor shows that 71% of insurance premiums did not change this year, while...
Wisconsin last among states for malpractice claim payments, analysis shows
Wisconsin doctors paid fewer medical malpractice claims per capita last year than their peers in any other state — and physicians here are consistently at the bottom nationwide when it comes to paying such claims, according to a Milwaukee Journal Sentinel analysis of...
Facing legal roadblocks, medical malpractice claims dwindle
The number of medical malpractice claims fell to a record low in Wisconsin last year as the state-managed insurance fund for the doctors grew to more than $1.2 billion, newly released records show. Only 84 medical malpractice suits were filed in Wisconsin last year —...
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. |