655.017 Limitation on noneconomic damages. The amount of noneconomic damages recoverable by a claimant or plaintiff under this chapter for acts or omissions of a health care provider if the act or omission occurs on or after April 6, 2006, and for acts or omissions of an employee of a health care provider, acting within the scope of his or her employment and providing health care services, for acts or omissions occurring on or after April 6, 2006, is subject to the limits under s. 893.55 (4) (d) and (f).
History: 1985 a. 340; 1995 a. 10; 2005 a. 183.
A mother who suffers the stillbirth of her infant as a result of medical malpractice has a personal injury claim involving negligent infliction of emotional distress, which includes the distress arising from the injuries and stillbirth of her daughter, in addition to her derivative claim for wrongful death of the infant. That the sources of the mother's emotional injuries cannot be segregated does not mean that there is a single claim of medical malpractice subject to the single cap for noneconomic damages. Pierce v. Physicians Insurance Co. of Wisconsin, 2005 WI 14, 278 Wis. 2d 82, 692 N.W.2d 558, 01-2710.
Non-Economic-Damage Award Caps in Wisconsin: Why Ferdon Was (Almost) Right and the Law Is Wrong. Stutz. 2009 WLR 105.
Tort Reform: It's Not About Victims...It's About Lawyers. Scoptur. Wis. Law. June 1995.
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.