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Because no absolute dollar amount can be placed on pain and suffering, these damages fall under the classification of non-economic damages, according to Wisconsin law. If the negligent acts of a medical provider leave you or a loved one with life-changing injuries, it takes a toll on the entire family. In addition to allowing medical malpractice victims to pursue fair compensation for pain and suffering, Wisconsin law permits them to pursue other non-economic damages, subject to specific limitations.

Due to ever-increasing medical care costs, the Wisconsin legislature has attempted to strike a balance between the concerns of medical providers and the needs of patients who sustain injury caused by negligent medical care. By establishing a cap of $750,000 in state statute 893.55, the legislature believes they accomplished these goals in many ways, including:

  • Allowing insurance companies to set reasonable premiums based on more predictability for potential non-economic damage settlements
  • Protecting the financial integrity of the mandatory injured patients and families compensation fund that healthcare providers must participate in

Naturally, the state-imposed cap does not guarantee non-economic damage awards of the full $750,000. Because these losses are not easy to quantify and document, insurance companies and courts may apply a formula based on economic losses to compute non-economic awards and settlements. To help ensure you receive the fair compensation for your claim, it is important to retain an experienced Wisconsin medical malpractice attorney who knows how to substantiate these subjective losses.

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