Recent Wisconsin News

Malpractice Insurance Premiums Nudge Down Again

For the seventh straight year, malpractice insurance premiums have decreased for three bellwether specialties, and even for sticker-shocked obstetrician-gynecologists on Long Island in New York, according to an annual premium survey released this week by Medical...

‘Apology Bill’ Shields Health Care Providers’ Apologies from Malpractice Suits in Wisconsin

Apologies by health care workers are protected from being used against them in court by a new law enacted in Wisconsin, which is one of more than 35 states to enact such a law. The law, Assembly Bill 120, was signed by Governor Scott Walker on April 8 in Madison. The...

‘I’m Sorry’ Bill Gets Assembly Approval (UPDATE)

The state Assembly approved on a voice vote Tuesday on a bill that would let doctors and other medical providers apologize or express fault for botched medical procedures without having to worry their words would be used against them in court. Similar “I’m sorry”...

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.