655.009 Actions against health care providers. An action to recover damages on account of malpractice shall comply with the following:
(1) Complaint. The complaint in such action shall not specify the amount of money to which the plaintiff supposes to be entitled.
(2) Medical expense payments. The court or jury, whichever is applicable, shall determine the amounts of medical expense payments previously incurred and for future medical expense payments.
(3) Venue. Venue in a court action under this chapter is in the county where the claimant resides if the claimant is a resident of this state, or in a county specified in s. 801.50 (2) (a) or (c) if the claimant is not a resident of this state.
History: 1975 c. 37, 198, 199; 1983 a. 253; 1985 a. 340.
Discretionary changes of venue under s. 801.52 are applicable to actions under this chapter. Hoffman v. Memorial Hospital of Iowa County, 196 Wis. 2d 505, 538 N.W.2d 627 (Ct. App. 1995), 94-2490.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 655 - Health care liability and injured patients and families compensation.
655.003 - Exemptions for public employees and facilities and volunteers.
655.004 - Rule-making authority.
655.005 - Health care provider employees.
655.009 - Actions against health care providers.
655.015 - Future medical expenses.
655.016 - Claim by minor sibling for loss of society and companionship.
655.017 - Limitation on noneconomic damages.
655.019 - Information needed to set fees.
655.23 - Limitations of liability; proof of financial responsibility.
655.24 - Insurance policy forms.
655.245 - Insurance policy limitations.
655.25 - Availability and effectiveness for health care liability insurance.
655.26 - Reports on claims paid.
655.27 - Injured patients and families compensation fund.
655.275 - Injured patients and families compensation fund peer review council.
655.42 - Establishment of mediation system.
655.43 - Mediation requirement.
655.44 - Request for mediation prior to court action.
655.445 - Request for mediation in conjunction with court action.
655.45 - Reports to licensing bodies.
655.455 - Notice to health care providers and fund.