Medical malpractice in Wisconsin
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Wisconsin fact pattern
Medical malpractice in wisconsin.
Statute of limitations
3 years
Wis. Stat. § 893.55(1m)
The later of three years from the injury or one year from discovery.
Repose: 5 years.
- Discovery cannot push the file past five years from the act or omission.