893.55 Annotation
Wrongful death claims caused by medical malpractice are subject to the statute of limitations concerning medical malpractice in sub. (1). Estate of Hegarty v. Beauchaine, 2001 WI App 300,
249 Wis. 2d 142,
638 N.W.2d 355,
00-2144.
893.55 Annotation
Under sub. (1) (b), the 5-year repose period applies only to actions brought pursuant to the discovery rule in sub. (1) (b). Sub. (1) (b) is an alternative limitations period to that in sub. (1) (a). Storm v. Legion Insurance Company, 2003 WI 120,
265 Wis. 2d 169,
665 N.W.2d 353,
01-1139.
893.55 Annotation
Section 893.16 tolls the period of limitations in sub. (1) (a) for medical malpractice actions involving qualified claimants, extending the 3-year limitations period up to 5 additional years. Storm v. Legion Insurance Company, 2003 WI 120,
265 Wis. 2d 169,
665 N.W.2d 353,
01-1139.
893.55 Annotation
For purposes of determining when a cause accrues for negligently prescribing medication, a physician's duty to monitor a patient after a final visit does not continue through some vague and indefinite period during which prescriptions may or may not be filled. Any claim of an omission is for an omission that occurred in the distinct time frame the doctor either intentionally or unintentionally did not require follow-up when giving the prescription or seeing the patient. Wiegert v. Goldberg, 2004 WI App 28,
269 Wis. 2d 695,
676 N.W.2d 522,
03-0891.
893.55 Annotation
A mother who suffers the stillbirth of her infant as a result of medical malpractice has a personal injury claim involving negligent infliction of emotional distress, which includes the distress arising from the injuries and stillbirth of her daughter, in addition to her derivative claim for wrongful death of the infant. That the sources of the mother's emotional injuries cannot be segregated does not mean that there is a single claim of medical malpractice subject to the single cap for noneconomic damages. Pierce v. Physicians Insurance Co. 2005 WI 14,
278 Wis. 2d 82,
692 N.W.2d 558,
01-2710.
893.55 Annotation
First-year medical residents who have their M.D. degrees but are not yet licensed are not health care providers under this section and not subject to the limitations on the recovery of noneconomic damages in subs. (4) and (5). Phelps v. Physicians Insurance Company of Wisconsin, Inc. 2005 WI 85,
282 Wis. 2d 69,
698 N.W.2d 643,
03-0580 893.55 Annotation
Sub. (7) explicitly allows evidence of collateral source payments to be introduced in medical malpractice actions. If evidence of collateral source payments from sources including Medicare, other state or federal government programs, medical insurance or write-offs, and discounted or free medical services is presented to the fact-finder, the parties must be allowed to furnish the jury with evidence of any potential obligations of subrogation or reimbursement. The circuit court must instruct the fact-finder that it must not reduce the reasonable value of medical services on the basis of the collateral source payments. Lagerstrom v. Myrtle Werth Hospital-Mayo Health System, 2005 WI 124,
285 Wis. 2d 1,
700 N.W.2d 201,
03-2027 893.55 Annotation
The $350,000 cap, as adjusted for inflation, on noneconomic medical malpractice damages set forth in ss. 655.017 and 893.55 (4) (d), 2001 stats., violates the equal protection guarantees of the Wisconsin Constitution. Ferdon v. Wisconsin Patients Compensation Fund, 2005 WI 125,
284 Wis. 2d 573,
701 N.W. 2d 440,
03-0988.
893.55 Annotation
This section does not apply to a negligence claim alleging injury to a developmentally disabled child caused by a health care provider. The legislature has not provided a statute of limitations for claims against health care providers alleging injury to a developmentally disabled child. Haferman v. St. Clare Healthcare Foundation, Inc. 2005 WI 171,
286 Wis. 2d 621,
707 N.W.2d 853,
03-1307.
893.55 Annotation
The jury award of noneconomic damages for pre-death pain and suffering, and the jury award for pre-death loss of society and companionship are governed by the cap set forth in the medical malpractice statutes, this section, and not the wrongful death statute, s. 895.04. Bartholomew v. Wisconsin Patients Compensation Fund, 2006 WI 91, ___ Wis. 2d ___,
717 N.W.2d 216,
04-2592.
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 does not violate Art. I, s. 9, the right to remedy clause, nor does it offend equal protection or procedural due process principles. Aicher v. Wisconsin Patients Compensation Fund, 2000 WI 98,
237 Wis. 2d 99,
613 N.W.2d 849,
98-2955.
893.56 Annotation
This section does not apply to a negligence claim alleging injury to a developmentally disabled child caused by a health care provider. The legislature has not provided a statute of limitations for claims against health care providers alleging injury to a developmentally disabled child. Haferman v. St. Clare Healthcare Foundation, Inc. 2005 WI 171,
286 Wis. 2d 621,
707 N.W.2d 853,
03-1307 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 the intentional tort of bad faith by an insurer. Warmka v. Hartland Cicero Mut. Ins.
136 Wis. 2d 31,
400 N.W.2d 923 (1987).
893.57 Annotation
A cause of action does not accrue until the plaintiff knows the tortfeasor's identity or reasonably should have discovered it. Spitler v. Dean,
148 Wis. 2d 630,
436 N.W.2d 308 (1989).
893.57 Annotation
A physician's intentional improper sexual touching of a 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 Wis. 2d 436,
499 N.W.2d 272 (Ct. App. 1993).
893.57 Annotation
A claim involving excessive use of force in an arrest constitutes an intentional tort subject to s. 893.57. Kofler v. Florence,
216 Wis. 2d 41,
573 N.W.2d 568 (Ct. App. 1997),
97-1922.
893.57 Annotation
A breach of the fiduciary duty of loyalty is an intentional tort subject to the two-year statute of limitations in this section. Zastrow v. Journal Communications, Inc. 2006 WI 72, ___ Wis. 2d ___,
718 N.W.2d 51,
04-0276.
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 alleged of the last alleged act of seduction, the cause of action was not barred by the one-year statute of limitations. Slawek v. Stroh,
62 Wis. 2d 295,
215 N.W.2d 9 (1974).
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. 895.441 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. 895.441 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.
893.587
893.587
Sexual assault of a child; limitation. An action to recover damages for injury caused by an act that would constitute a violation of
s. 948.02,
948.025,
948.06,
948.085, or
948.095 or would create a cause of action under
s. 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred.
893.587 Note
NOTE: This section is shown as affected by two acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
893.587 History
History: 1987 a. 332;
2001 a. 16;
2003 a. 279;
2005 a. 155,
277; s. 13.93 (2) (c).
893.587 Annotation
A victim's action was time barred when "flashbacks" more than 2 years prior to commencing suit made her aware of incest that allegedly occurred more than 50 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 Wis. 2d 1037,
501 N.W.2d 402 (1993).
893.587 Annotation
An adult victim of incest, who at the time of the incestuous act was aware of the identity of the tortfeasor and the impropriety of the conduct did not qualify for tolling of the statute of limitations under the discovery rule because she was unaware of the psychological harm that might occur. Cheryl D. v. Estate of Robert D.B.
207 Wis. 2d 546,
559 N.W.2d 272 (Ct. App. 1996),
95-3510.
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]
893.65
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
Certified public 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 certified public 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;
2001 a. 16.
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.
893.72 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.24 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.72 Annotation
The one-year bar under this section does not apply if the municipality did not have the power to make the assessment. Robinson v. Town of Bristol, 2003 WI App 97,
264 Wis. 2d 318,
667 N.W.2d 14,
02-1427.
893.73
893.73
Actions contesting governmental decisions.
