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How long do I have to file a medical malpractice case in Wisconsin?

There is limited time to file a claim for medical malpractice in WisconsinEach state, including Wisconsin, limits the amount of time that a medical malpractice victim, or his survivors, has to file a medical malpractice lawsuit. The deadline is known as the statute of limitations. It is meant to provide certainty to doctors, hospitals and other potential defendants so that they know what to expect and it is meant to encourage victims to bring cases while evidence is still available and legal damages can still make a difference.

The Wisconsin Law

Wisconsin law allows a victim to bring a medical malpractice lawsuit within:

  • Three years of the act, or failure to act, that resulted in the injury.
  • One year of the date on which the injury was discovered or reasonably should have been discovered.

The law allows the victim to use either one of the above standards, but not both. If these standards result in different deadlines then the standard which would apply is the one that provides the most time to the medical malpractice victim.

Generally, a medical malpractice claim may not be filed more than five years after the act, or failure to act, that resulted in an injury—even if the medical malpractice injury was not discovered within that time.

However, certain exceptions to the statute of limitations may apply. For example, medical malpractice victims who were minors or legally incompetent at the time of their injuries may have the statute of limitations extended.

If you fail to take action before the statute expires then you may lose your right to recover damages forever. Don’t let this happen to you. Instead, contact us today via this website to schedule your free consultation and to make sure that your rights are protected.

Jason F. Abraham
Managing Partner, Hupy and Abraham