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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 872
January 2, 2024 - Introduced by Representatives SINICKI, CABRERA, BALDEH,
DRAKE, EMERSON, JACOBSON, MADISON, OHNSTAD, ORTIZ-VELEZ, RATCLIFF and
STUBBS, cosponsored by Senator TAYLOR. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 655.017, 893.55 (4) (b) and 893.55 (4) (d) 1.; and to repeal and
recreate 893.55 (1d) of the statutes; relating to: recovery of noneconomic
damages in medical malpractice cases.
Analysis by the Legislative Reference Bureau
This bill increases the current law limit on noneconomic damages for injuries
resulting from medical malpractice by establishing a limit of $3,000,000 on
noneconomic damages for each occurrence of medical malpractice.
Under current law, for each occurrence on or after April 6, 2006, the total
noneconomic damages recoverable for bodily injury (including any action or
proceeding based on contribution or indemnification and any action for a claim by a
person other than the injured person for noneconomic damages recoverable for
bodily injury) is limited to no more than $750,000 from all health care providers and
all employees of health care providers acting within the scope of their employment
and providing health care services who are found negligent and from the injured
patients and families compensation fund. The bill changes that limit to $3,000,000
for cases involving acts or omissions occurring after the bill goes into effect.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 655.017 of the statutes is amended to read:
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SECTION 1 ASSEMBLY BILL 872
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 the effective date of this section .... [LRB inserts date], 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 the effective date of this section .... [LRB inserts date], is
subject to the limits under s. 893.55 (4) (d) and (f).
SECTION 2. 893.55 (1d) of the statutes is repealed and recreated to read:
893.55 (1d) The objective of the treatment of this section is to ensure affordable
and accessible health care for all of the citizens of Wisconsin while providing
adequate compensation to the victims of medical malpractice. Achieving this
objective requires a balancing of many interests. The legislature finds that the
limitation of $3,000,000 represents an appropriate balance between providing
reasonable compensation for noneconomic damages associated with medical
malpractice and ensuring affordable and accessible health care.
SECTION 3. 893.55 (4) (b) of the statutes is amended to read:
893.55 (4) (b) The total noneconomic damages recoverable for bodily injury,
including any action or proceeding based on contribution or indemnification and any
action for a claim by a person other than the injured person for noneconomic damages
recoverable for bodily injury, may not exceed the limit under par. (d) for each
occurrence on or after April 6, 2006 the effective date of this paragraph .... [LRB
inserts date], from all health care providers and all employees of health care
providers acting within the scope of their employment and providing health care
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SECTION 3
ASSEMBLY BILL 872
services who are found negligent and from the injured patients and families
compensation fund.
SECTION 4. 893.55 (4) (d) 1. of the statutes is amended to read:
893.55 (4) (d) 1. The limit on total noneconomic damages for each occurrence
under par. (b) on or after April 6, 2006 the effective date of this subdivision .... [LRB
inserts date], shall be $750,000 $3,000,000.
(END)
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