Legal Question in Medical Malpractice in Wisconsin

Re: malpratice

The statute of limitations that applies to most medical malpractice cases is three years from the date of injury. Notice, it is not always a negligent act that triggers the three-year time period, it is the date of injury. If the negligent person is a doctor employed by the state of Wisconsin, the injured person must serve a notice of claim upon the state attorney general within 180 days of the date the injured person knew, or should have known, that he or she was injured by the negligence of a state-employed doctor. If the injury was caused by an employee of University of Wisconsin Hospital and Clinics Authority, the same 180-day time limit applies to the serving of a notice of injury. The three-year statute of limitations may be extended to one year from the date of discovery in certain situations, although the case must then be filed within five years of the date of negligence.