Notice of Claim

Have there been changes to the notice of claim statute?

Effective May 27, 2010, the Wisconsin legislature abolished the Notice of Claim process for medical malpractice. This means that for any alleged act or omission by a health care provider which forms the basis of a claim for medical malpractice, if that act or omission occurs on May 27, 2010 or later, no Notice of Claim must be filed before the filing of a lawsuit. However, for any alleged act or omission which occurs before that date, the information described below about the Notice of Claim process still remains true.

For any alleged act or omission that occurs on or after May 27, 2010, only the statute of limitations for filing a medical malpractice action applies. This means, generally, that an adult patient has three years from the date of injury, or one year from the date of discovery of the injury, to file a lawsuit for medical malpractice. A minor generally has three years from the date of injury or until the age of 10, whichever is later, to file a lawsuit for medical malpractice.

If you are served with a summons and complaint (which commences a lawsuit), contact UW-Madison Office of Legal Affairs at 608-263-7400 immediately. Once you accept service, you begin the timeframe for your attorney to respond to the complaint. If you are made aware by hospital staff that a process server is attempting to serve you with a summons and complaint, you may request that Legal Affairs accept service of process on your behalf.

What happens if a lawsuit is filed?

If the claimant does initiate a lawsuit against you, you need not privately retain an attorney to represent you. As a State employee, an assistant attorney general from the Wisconsin Department of Justice will be assigned to defend you in the suit.