Health Justice - Wisconsin

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

750,000 non-economic damages.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence if they are less than 51% at fault unless a defendant acted as part of a common scheme of plan.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, the defendant may introduce evidence of payments received from collateral sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes, if future medical expenses are expected to exceed $100,000.

Limitation of Plaintiff’s Attorneys Fees

Yes. Fees are capped at 33.3% 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.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Medication is available. Plaintiffs may request medication prior to the commencement of a suit or within 15 days after filing a complaint. The proceedings of the mediation panel shall not be recorded and are not admissible as evidence.

Standards for Expert Testimony/Witness

Expert testimony is generally required to establish the standard of care and deviation therefrom.