Wisconsin — Medical Malpractice SOL
3 years
Governing statute: §893.55
The rule at a glance
- Baseline
- 3-year statute of limitations from the act or injury.
- Discovery rule
- 1yr from discovery, max 5yr (foreign-object exception).
- Statute of repose
- 5-year repose from the act. Hard cap regardless of discovery.
- Minor tolling
- under 10: until age 10
- Government-entity notice of claim
- 120-day notice required before suing a government entity.
- Statutory reference
- §893.55
Common pitfalls in Wisconsin
Missing the SOL is the #1 malpractice claim against plaintiff attorneys. The most common Wisconsin pitfalls:
- Assuming the discovery rule extends the deadline when this state's rule is "1yr from discovery, max 5yr (foreign-object except…" — verify the current statute.
- Missing the separate notice-of-claim deadline for government-entity defendants (VA hospitals, county facilities, state universities).
- Miscalculating minor tolling — the rule ("under 10: until age 10") has carve-outs specific to med-mal.
- Ignoring the statute of repose cap where one exists (5yr).
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