Chapter 655, HEALTH CARE LIABILITY AND INJURED PATIENTS AND FAMILIES COMPENSATION

32 sections in this chapter.

32 sectionsFiltered byCh 655

Wis. Stat. § 655.001 Definitions
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655.001 Definitions. In this chapter: (1) “Board of governors” means the board created under s. 619.04 (3). NOTE: Sub. (1) is renumbered to sub. (1r) eff. 9-1-26 by 2025 Wis. Act 17. (1g) “Advanced practice registered nurse” means an individual who is licensed under s. 441.09, wh…
Wis. Stat. § 655.002 Applicability
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655.002 Applicability. (1) MANDATORY PARTICIPATION. Except as provided in s. 655.003, this chapter applies to all of the following: (a) A physician or an advanced practice registered nurse for whom this state is a principal place of practice and who practices his or her professio…
Wis. Stat. § 655.003 Exemptions for public employees and facilities and volunteers
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655.003 Exemptions for public employees and facilities and volunteers. Except as provided in s. 655.002 (1) (c), this chapter does not apply to a health care provider that is any of the following: (1) A physician or an advanced practice registered nurse who is a state, county or …
Wis. Stat. § 655.004 Rule-making authority
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655.004 Rule-making authority. The director of state courts, department and commissioner may promulgate such rules under ch. 227 as are necessary to enable them to perform their responsibilities under this chapter. History: 1975 c. 37; Sup. Ct. Order, 88 Wis. 2d xiii (1979); 1987…
Wis. Stat. § 655.005 Health care provider employees
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655.005 Health care provider employees. (1) Any per- 655.006 son listed in s. 655.007 having a claim or a derivative claim against a health care provider or an employee of the health care provider, for damages for bodily injury or death due to acts or omissions of the employee of…
Wis. Stat. § 655.006 Remedy
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655.006 Remedy. (1) (a) On and after July 24, 1975, every patient, every patient’s representative and every health care provider shall be conclusively presumed to have accepted to be bound by this chapter. (b) Except as otherwise specifically provided in this chapter, this subsec…
Wis. Stat. § 655.007 Patients’ claims
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655.007 Patients’ claims. On and after July 24, 1975, any patient or the patient’s representative having a claim or any spouse, parent, minor sibling or child of the patient having a derivative claim for injury or death on account of malpractice is subject to this chapter. Histor…
Wis. Stat. § 655.009 Actions against health care providers
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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 EXP…
Wis. Stat. § 655.01 Forms
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655.01 Forms. The director of state courts shall prepare and cause to be printed, and upon request furnish free of charge, such forms and materials as the director deems necessary to facilitate or promote the efficient administration of this chapter. History: 1975 c. 37, 199; Sup…
Wis. Stat. § 655.013 Attorney fees
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655.013 Attorney fees. (1) With respect to any act of malpractice after July 24, 1975, for which a contingency fee arrangement has been entered into before June 14, 1986, the compensation determined on a contingency basis and payable to all attorneys acting for one or more plaint…
Wis. Stat. § 655.015 Future medical expenses
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655.015 Future medical expenses. If a settlement or judgment under this chapter resulting from an act or omission that occurred on or after May 25, 1995, provides for future medical expense payments in excess of $100,000, that portion of future medical expense payments in excess …
Wis. Stat. § 655.016 Claim by minor sibling for loss of society and companionship
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655.016 Claim by minor sibling for loss of society and companionship. Subject to s. 655.017, a sibling of a person who dies as a result of malpractice has a cause of action for damages for loss of society and companionship if the sibling was a minor at the time of the deceased si…
Wis. Stat. § 655.017 Limitation on noneconomic damages
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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…
Wis. Stat. § 655.019 Information needed to set fees
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655.019 Information needed to set fees. The department shall provide the director of state courts, the commissioner and the board of governors with information on hospital bed capacity and occupancy rates as needed to set fees under s. 655.27 (3) or 655.61. History: 1985 a. 340; …
Wis. Stat. § 655.23 Limitations of liability; proof of financial responsibility
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655.23 Limitations of liability; proof of financial responsibility. (3) (a) Except as provided in par. (d), every health care provider either shall insure and keep insured the health care provider’s liability by a policy of health care liability insurance issued by an insurer aut…
Wis. Stat. § 655.24 Insurance policy forms
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655.24 Insurance policy forms. (1) No insurer may enter into or issue any policy of health care liability insurance until its policy form has been submitted to and approved by the commissioner under s. 631.20 (1) (a). The filing of a policy form by any insurer with the commission…
Wis. Stat. § 655.245 Insurance policy limitations
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655.245 Insurance policy limitations. (1) No policy of health care liability insurance may permit a health care provider to reject any settlement agreed upon between the claimant and the insurer. (2) A policy of health care liability insurance may permit the insurer to make payme…
Wis. Stat. § 655.25 Availability and effectiveness for health care liability insurance
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655.25 Availability and effectiveness for health care liability insurance. Cross-reference: See definitions in ss. 600.03 and 628.02. Cross-reference: See also ch. Ins 17, Wis. adm. code. SUBCHAPTER I GENERAL PROVISIONS
Wis. Stat. § 655.26 Reports on claims paid
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655.26 Reports on claims paid. (1) In addition to any information required by the commissioner under s. 601.42, by the 15th day of each month, each insurer that writes health care liability insurance in this state and each self-insurer approved under s. 655.23 (3) (a) shall repor…
Wis. Stat. § 655.27 Injured patients and families compensation fund
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655.27 Injured patients and families compensation fund. (1) FUND. There is created an injured patients and families compensation fund for the purpose of paying that portion of a medical malpractice claim which is in excess of the limits expressed in s. 655.23 (4) or the maximum l…
Wis. Stat. § 655.275 Injured patients and families compensation fund peer review council
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655.275 Injured patients and families compensation fund peer review council. (1) DEFINITION. In this section, “council” means the injured patients and families compensation fund peer review council. (2) APPOINTMENT. The board of governors shall appoint the members of the council.…
Wis. Stat. § 655.42 Establishment of mediation system
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655.42 Establishment of mediation system. 655.42(1)(1) Legislative intent. The legislature intends that the mediation system provide the persons under sub. (2) with an informal, inexpensive and expedient means for resolving disputes without litigation and intends that the directo…
Wis. Stat. § 655.43 Mediation requirement
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655.43 Mediation requirement. The claimant and all respondents named in a request for mediation filed under s. 655.44 or 655.445 shall participate in mediation under this subchapter. History: 1985 a. 340.
Wis. Stat. § 655.44 Request for mediation prior to court action
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655.44 Request for mediation prior to court action. (1) REQUEST AND FEE. Beginning September 1, 1986, any person listed in s. 655.007 having a claim or a derivative claim under this chapter for bodily injury or death because of a tort or breach of contract based on professional s…
Wis. Stat. § 655.445 Request for mediation in conjunction with court action
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655.445 Request for mediation in conjunction with court action. (1) COMMENCING ACTION, REQUEST AND FEE. Beginning September 1, 1986, any person listed in s. 655.007 having a claim or a derivative claim under this chapter for bodily injury or death because of a tort or breach of c…
Wis. Stat. § 655.45 Reports to licensing bodies
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655.45 Reports to licensing bodies. (1) For the quarter beginning on July 1, 1986, and for each quarter thereafter, the director of state courts shall file reports complying with sub. (2) with the medical examining board, the physical therapy examining board, the podiatry affilia…
Wis. Stat. § 655.455 Notice to health care providers and fund
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655.455 Notice to health care providers and fund. The director of state courts shall serve notice of a request for mediation upon all health care providers named in the request, at the respective addresses provided in the request, and upon the fund, by registered mail within 7 da…
Wis. Stat. § 655.465 Mediation panels; mediation period
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655.465 Mediation panels; mediation period. (1) MEDIATION PANEL FOR DISPUTE. The director of state courts shall appoint the members of a mediation panel under sub. (2) and send notice to the claimant and all respondents by registered mail. The notice shall inform the claimant and…
Wis. Stat. § 655.54 Filing fee
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655.54 Filing fee. Requests for mediation filed with the director of state courts are subject to a filing fee of $11. The filing fee shall be paid into the mediation fund under s. 655.68. History: 1985 a. 340; 1989 a. 187 s. 28.
Wis. Stat. § 655.58 Mediation procedure
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655.58 Mediation procedure. (1) NO RECORD. Mediation shall be conducted without a stenographic record or any other transcript. (2) NO EXAMS, SUBPOENAS, OATHS. No physical examinations or production of records may be ordered, no witnesses may be subpoenaed and no oaths may be admi…
Wis. Stat. § 655.61 Funding
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655.61 Funding. (1) The mediation fund created under s. 655.68 shall be financed from fees charged to health care providers. The director of state courts shall, by February 1 annually, determine the revenues needed for the operation of the mediation system during the succeeding f…
Wis. Stat. § 655.68 Mediation fund
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655.68 Mediation fund. (1) CREATION. There is created a mediation fund to pay the administrative expenses of the mediation system created under subch. VI. (2) ADMINISTRATION AND OPERATION. Management of the mediation fund is vested with the director of state courts. (3) FEES. The…