Wisconsin Statute of Limitations for Medical Malpractice
In Wisconsin, the statute of limitations for medical malpractice is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: Wis. Stat. § 893.55.
- 3 years from the date of the act or 1 year from discovery, whichever is later. 5-year statute of repose.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
3 years from the date of the act or 1 year from discovery, whichever is later. 5-year statute of repose.
General Wisconsin Rules
Wisconsin provides 6 years for contract claims and 3 years for personal injury. Medical malpractice has a unique structure providing the later of 3 years from the act or 1 year from discovery, with a 5-year statute of repose. The discovery rule applies broadly in Wisconsin.
Other Statutes of Limitations in Wisconsin
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Wisconsin?
The statute of limitations for medical malpractice in Wisconsin is 3 years. Citation: Wis. Stat. § 893.55.
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When does the clock start for medical malpractice in Wisconsin?
3 years from the date of the act or 1 year from discovery, whichever is later. 5-year statute of repose.
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Can the statute of limitations for medical malpractice be extended in Wisconsin?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.