893.55(6)
(6) Damages recoverable under this section against health care providers and an employe of a health care provider, acting within the scope of his or her employment and providing health care services, are subject to the provisions of
s. 895.045.
893.55(7)
(7) Evidence of any compensation for bodily injury received from sources other than the defendant to compensate the claimant for the injury is admissible in an action to recover damages for medical malpractice. This section does not limit the substantive or procedural rights of persons who have claims based upon subrogation.
893.55 Note
Judicial Council Committee's Note, 1979: This section has been created to precisely set out the time periods within which an action to recover damages for medical malpractice must be commenced. The time provisions apply to any health care provider in Wisconsin.
893.55 Annotation
Sub. (1) contains the general time limitations for commencing a malpractice action. The subsection requires that such an action be commenced not later than 3 years from the event constituting the malpractice or not more than one year from the time the malpractice is discovered by the patient or should have been discovered by the patient. The patient has either the 3-year general time period or the one-year time period from the date of discovery, whichever is later. Subsection (1) further provides that in no event may a malpractice action be commenced later than 6 [5] years from the time of the alleged act or omission.
893.55 Annotation
Subs. (2) and (3) provide 2 exceptions to the one-, three-, and six-year time limitations contained in subsection (1). Subsection (2) provides that when a health care provider becomes aware of an act or omission constituting possible malpractice and intentionally conceals the act or omission from the patient, the patient has one year from the time he or she discovers the concealment or should have discovered the concealment to commence a malpractice action.
893.55 Annotation
Sub. (3) gives a patient one year from the time of discovery of a foreign object left in the patient's body or the time in which discovery should have occurred to commence a malpractice action. The subsection also contains a definition of a foreign object similar to the definition recently enacted by the state of California. [Bill 326-A]
893.55 Annotation
Under s. 893.205, 1975 stats., cause of action for medical malpractice occurred at time of misdiagnosis, not when the report transcribing the medical findings was furnished to plaintiff. Koschnik v. Smejkal, 96 W (2d) 145, 291 NW (2d) 574 (1980).
893.55 Annotation
"Continuum of negligent treatment" doctrine is not limited to single negligent actor. Robinson v. Mt. Sinai Medical Center, 137 W (2d) 1, 402 NW (2d) 711 (1987).
893.55 Annotation
While unsubstantiated lay belief of injury is not sufficient for discovery under sub. (1) (b), if plaintiff has information that constitutes basis for an objective belief of the injury and its cause, whether or not that belief resulted from "official" diagnosis from expert, the injury and its cause are discovered. Clark v. Erdmann, 161 W (2d) 428, 468 NW (2d) 18 (1991).
893.55 Annotation
Podiatrist is "health care provider" under 893.55. Clark v. Erdmann, 161 W (2d) 428, 468 NW (2d) 18 (1991).
893.55 Annotation
Physician's intentional improper sexual touching of patient was subject to s. 893.57 governing intentional torts not s. 893.55 governing medical malpractice. Deborah S.S. v. Yogesh N.G. 175 W (2d) 436, 499 NW (2d) 272 (Ct. App. 1993).
893.55 Annotation
A blood bank is not a "health care provider". Doe v. Nat. Red Cross, 176 W (2d) 610, 500 NW (2d) 264 (1993).
893.55 Annotation
Parents who did not obtain a medical opinion until more than three years after their child's death did not exercise reasonable diligence as required by the discovery rule under sub. (1) (b). Awve v. Physicians Ins. Co. 181 W (2d) 815, 512 NW (2d) 216 (Ct. App. 1994).
893.55 Annotation
After January 1, 1991 recovery for loss of society and companionship for death in a medical malpractice case is unlimited; minors may bring separate actions for loss of companionship when malpractice causes a parent's death, including when the decedent is survived by a spouse. Jelinik v. St. Paul Fire & Casualty Ins. Co. 182 W (2d) 1, 512 NW (2d) 764 (1994).
893.55 Annotation
When continuous negligent treatment occurs, the statute begins to run from the date of last negligent conduct. The amount of time which passes between each allegedly negligent act is a primary factor in determining whether there has been a continuum of negligent care. Westphal v. E.I. du Pont de Nemours, 192 W(2d) 347, 531 NW (2d) 361 (Ct. App. 1995).
893.55 Annotation
A plaintiff had not "discovered" her injury upon obtaining legal advice and being told she had no cause of action. Claypool v. Levin, 195 W (2d) 535, 536 NW (2d) 206 (Ct. App. 1995).
893.55 Annotation
Punitive damages in malpractice actions are not authorized by sub. (5) (e). Lund v. Kokemoor, 195 W (2d) 727, 537 NW (2d) 21 (Ct. App. 1995).
893.55 Annotation
Dentists are health care providers under this section. Ritt v. Dental Care Associates, S.C. 199 W (2d) 48, 543 NW (2d) 852 (Ct. App. 1995).
893.55 Annotation
Constitutionality of Wisconsin's Noneconomic Damage Limitation. 72 MLR 235 (1989).
893.55 Annotation
The statute of limitations in medical malpractice actions. 1970 WLR 915.
893.55 Annotation
Recent developments in Wisconsin medical malpractice law. 1974 WLR 893.
893.55 Annotation
Tort Reform: It's Not About Victims. . .It's About Lawyers. Scoptur. Wis. Law. June 1995.
893.56
893.56
Health care providers; minors actions. Any person under the age of 18, who is not under disability by reason of insanity, developmental disability or imprisonment, shall bring an action to recover damages for injuries to the person arising from any treatment or operation performed by, or for any omission by a health care provider within the time limitation under
s. 893.55 or by the time that person reaches the age of 10 years, whichever is later. That action shall be brought by the parent, guardian or other person having custody of the minor within the time limit set forth in this section.
893.56 History
History: 1977 c. 390;
1979 c. 323.
893.56 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.235 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.56 Annotation
This section applies only to living minors. Awve v. Physicians Ins. Co. 181 W (2d) 815, 512 NW (2d) 216 (Ct. App. 1994).
893.57
893.57
Intentional torts. An action to recover damages for libel, slander, assault, battery, invasion of privacy, false imprisonment or other intentional tort to the person shall be commenced within 2 years after the cause of action accrues or be barred.
893.57 History
History: 1979 c. 323.
893.57 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.21 (2) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.57 Annotation
This section governs intentional tort of bad faith by insurer. Warmka v. Hartland Cicero Mut. Ins., 136 W (2d) 31, 400 NW (2d) 923 (1987).
893.57 Annotation
Cause of action does not accrue until plaintiff knows tortfeasor's identity or reasonably should have discovered identity. Spitler v. Dean, 148 W (2d) 630, 436 NW (2d) 308 (1989).
893.57 Annotation
Physician's intentional improper sexual touching of patient was subject to s. 893.57 governing intentional torts not s. 893.55 governing medical malpractice. Deborah S.S. v. Yogesh N.G. 175 W (2d) 436, 499 NW (2d) 272 (Ct. App. 1993).
893.58
893.58
Actions concerning seduction. All actions for damages for seduction shall be commenced within one year after the cause of action accrues or be barred.
893.58 History
History: 1979 c. 323.
893.58 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.22 (2) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.58 Annotation
Since the mother's counterclaim was served within one year from the date it was alleged the last act of seduction was committed, the cause of action was not barred by the one-year statute of limitations. Slawek v. Stroh, 62 W (2d) 295, 215 NW (2d) 9.
893.585
893.585
Sexual exploitation by a therapist. 893.585(1)
(1) Notwithstanding
ss. 893.54,
893.55 and
893.57, an action under
s. 895.70 for damages shall be commenced within 3 years after the cause of action accrues or be barred.
893.585(2)
(2) If a person entitled to bring an action under
s. 895.70 is unable to bring the action due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist, the period of inability is not part of the time limited for the commencement of the action, except that this subsection shall not extend the time limitation by more than 15 years.
893.585 History
History: 1985 a. 275.
893.587
893.587
Incest; limitation. An action to recover damages for injury caused by incest shall be commenced within 2 years after the plaintiff discovers the fact and the probable cause, or with the exercise of reasonable diligence should have discovered the fact and the probable cause, of the injury, whichever occurs first.
893.587 History
History: 1987 a. 332.
893.587 Annotation
Where victim's "flashbacks" more than two years prior to commencing suit made her aware of incest which allegedly occurred more than fifty years earlier, the action was barred despite evidence that the victim was unable to shift the blame from herself at the time of discovery. Byrne v. Brecker, 176 W (2d) 1037, 501 NW (2d) 402 (1993).
893.59
893.59
Actions concerning damage to highway or railroad grade. An action under
s. 88.87 (3) (b) to recover damages to a highway or railroad grade shall be commenced within 90 days after the alleged damage occurred or be barred.
893.59 History
History: 1979 c. 323.
893.59 Note
Judicial Council Committee's Note, 1979: This section has been created to place into ch. 893 the statute of limitations for an action to recover damages to a highway or railroad grade. (See note following s. 88.87 (3) (b)). [Bill 326-A]
ACTIONS RELATED TO FINANCIAL TRANSACTIONS OR GOVERNMENTAL OBLIGATIONS
893.60
893.60
What actions not affected. Actions against directors or stockholders of a moneyed corporation or banking association or against managers or members of a limited liability company to recover a forfeiture imposed or to enforce a liability created by law shall be commenced within 6 years after the discovery by the aggrieved party of the facts upon which the forfeiture attached or the liability was created or be barred.
893.60 History
History: 1979 c. 323;
1993 a. 112.
893.60 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.51 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.61
893.61
Contract for payment of money; governmental subdivisions. An action upon any bond, coupon, interest warrant or other contract for the payment of money, whether sealed or otherwise, made or issued by any town, county, city, village, school district or technical college district in this state shall be commenced within 6 years after the cause of action accrues or be barred.
893.61 History
History: 1979 c. 323;
1993 a. 399.
893.61 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.19 (2) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.62
893.62
Action concerning usury. An action under
s. 138.06 (3) for interest, principal and charges paid on a loan or forbearance shall be commenced within 2 years after the interest which is at a rate greater than allowed under
s. 138.05 is paid or be barred.
893.62 History
History: 1979 c. 323.
893.62 Note
Judicial Council Committee's Note, 1979: This section has been created to place into ch. 893 the statute of limitations for an action concerning usury. (See note following s. 138.06 (3)). [Bill 326-A]
893.63
893.63
Actions on cashier's check, certified check, or bank money order. 893.63(1)(1) Upon the expiration of 2 years from the date of any cashier's check, certified check or bank money order, there having been no presentment for payment of the check or money order by a holder thereof, the maker shall, upon demand, return to the remitter noted thereon, if any, the full face amount of the cashier's check, certified check or bank money order, and thereafter shall be relieved of any and all liability upon the cashier's check, certified check or bank money order, to the remitter, the payee or any other holder thereof.
893.63(2)
(2) Subsection (1) applies to all cashier's checks, certified checks and bank money orders, which have been made before November 2, 1969 but were not presented for payment by a holder within 2 years of their date, but an action by the remitter of a cashier's check, certified check and bank money order, to recover moneys held by a bank beyond the time limited by
sub. (1) shall be subject to
s. 893.43.
893.63 History
History: 1979 c. 323.
893.63 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.215 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.64
893.64
Actions upon accounts. In actions brought to recover the balance due upon a mutual and open account current the cause of action shall be deemed to have accrued at the time of the last item proved in such account.
893.64 History
History: 1979 c. 323.
893.64 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.25 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.64 Annotation
There must be mutual debts or setoff before this section applies. Estate of Demos, 50 W (2d) 262, 184 NW (2d) 117.
893.65
893.65
Bank bills not affected. This chapter does not apply to any action brought upon any bills, notes or other evidences of debt issued or put into circulation as money by a bank or other person.
893.65 History
History: 1979 c. 323.
893.65 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.29 renumbered for more logical placement in restructured ch. 893 and revised to reflect Lusk v. Stoughton State Bank, 135 Wis. 311, 115 N.W. 813 (1908). [Bill 326-A]
893.66
893.66
Accountants; limitations of actions. 893.66(1)
(1) Except as provided in
subs. (1m) to
(4), an action to recover damages, based on tort, contract or other legal theory, against any accountant licensed or certified under
ch. 442 for an act or omission in the performance of professional accounting services shall be commenced within 6 years from the date of the act or omission or be barred.
893.66(1m)
(1m) If a person sustains damages covered under
sub. (1) during the period beginning on the first day of the 6th year and ending on the last day of the 6th year after the performance of the professional accounting services, the time for commencing the action for damages is extended one year after the date on which the damages occurred.
893.66(2)
(2) If a person sustains damages covered under
sub. (1) and the statute of limitations applicable to those damages bars commencement of the cause of action before the end of the period specified in
sub. (1), then that statute of limitations applies.
893.66(4)
(4) This section does not apply to any person who commits fraud or concealment in the performance of professional accounting services.
893.66 History
History: 1993 a. 310.
ACTIONS RELATING TO GOVERNMENTAL DECISIONS OR ORGANIZATION
893.70
893.70
Action against certain officials. An action against a sheriff, coroner, medical examiner, town clerk, or constable upon a liability incurred by the doing of an act in his or her official capacity and in virtue of his or her office or by the omission of an official duty, including the nonpayment of money collected upon execution, shall be commenced within 3 years after the cause of action accrues or be barred. This section does not apply to an action for an escape.
893.70 History
History: 1979 c. 323.
893.70 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.20 (1) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.71
893.71
County seat; contesting change. An action or proceeding to test the validity of a change of any county seat shall be commenced within 3 years after the date of the publication of the governor's proclamation of such change or be barred. Every defense founded upon the invalidity of any such change must be interposed within 3 years after the date of the aforesaid publication, and the time of commencement of the action or proceeding to which any such defense is made shall be deemed the time when such defense is interposed.
893.71 History
History: 1979 c. 323.
893.71 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.20 (3) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.72
893.72
Actions contesting special assessment. An action to avoid any special assessment, or taxes levied pursuant to the special assessment, or to restrain the levy of the taxes or the sale of lands for the nonpayment of the taxes, shall be brought within one year from the notice thereof, and not thereafter. This limitation shall cure all defects in the proceedings, and defects of power on the part of the officers making the assessment, except in cases where the lands are not liable to the assessment, or the city, village or town has no power to make any such assessment, or the amount of the assessment has been paid or a redemption made.
893.72 History
History: 1979 c. 323;
1993 a. 246.
