Wisconsin Statutes

Wis. Stat. § 655.009 (2026)

Actions against health care providers

✓ current as of July 2026
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655.009655.009Actions against health care providers. An action to recover damages on account of malpractice shall comply with the following:
655.009(1)(1)Complaint. The complaint in such action shall not specify the amount of money to which the plaintiff supposes to be entitled.
655.009(2)(2)Medical expense payments. The court or jury, whichever is applicable, shall determine the amounts of medical expense payments previously incurred and for future medical expense payments.
655.009(3)(3)Venue. Venue in a court action under this chapter is in the county where the claimant resides if the claimant is a resident of this state, or in a county specified in s. 801.50 (2) (a) or (c) if the claimant is not a resident of this state.
655.009 HistoryHistory: 1975 c. 37, 198, 199; 1983 a. 253; 1985 a. 340.
655.009 AnnotationDiscretionary changes of venue under s. 801.52 are applicable to actions under this chapter. Hoffman v. Memorial Hospital of Iowa County, 196 Wis. 2d 505, 538 N.W.2d 627 (Ct. App. 1995), 94-2490.
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1982–2025 · leading case: Lagerstrom v. Myrtle Werth Hosp.-Mayo Health Sys., 2005 WI 124 (Wis. 2005).
Lagerstrom v. Myrtle Werth Hosp.-Mayo Health Sys., 2005 WI 124 (Wis. 2005). · cites it 46× “The defendants argue that Wis. Stat. § 655.009 (2), enacted in 1975, changed the standard for determining the reasonable value of medical services in medical malpractice cases.”
Rouse v. Theda Clark Med. Ctr., Inc., 2007 WI 87 (Wis. 2007). · cites it 8× “Section 655.009 provides instructions for how to file a complaint against a health care provider.”
Hoffman v. Mem'l Hosp. of Iowa Cnty., 538 N.W.2d 627 (Wis. Ct. App. 1995). · cites it 17× “50 identifies a list of some thirty-four separate venue statutes, including § 655.009, Stats. 3 Hoffman asserts that because § 655.”
Amanda Elliott v. R. Michael Cobb, 320 S.W.3d 246 (Tenn. 2010). · cites it 2× “§ 55 -7B-5 (2008) (providing that “no specific dollar amount or figure may be included in the complaint” for medical professional liability action); Wis. Stat. Ann. § 655.009 (West 2004) (providing that the complaint in a malpractice action “shall not specify the amount of money…”
Snopek v. Lakeland Med. Ctr., 588 N.W.2d 19 (Wis. 1999). · cites it 4× “Most notably, in § 75(9) the legislature provided that the amendment to Wis. Stat. § 655.009 (1) providing that a complaint in a medical malpractice action must not specify the amount of money to which a plaintiff believes he or she is entitled, "first applies to claims filed on…”
McEvoy Ex Rel. Finn v. Grp. Health Coop. of Eau Claire, 570 N.W.2d 397 (Wis. 1997). · cites it 2× “) Wis. Stat. § 655.009 states: An action to recover damages on account of malpractice shall comply with the following.”
Storm Ex Rel. Smoler v. Legion Ins., 2003 WI 120 (Wis. 2003). “19 As the court of appeals explained, in rejecting the assertion that Wis.”
Goff v. Seldera, 550 N.W.2d 144 (Wis. Ct. App. 1996). · cites it 2× “" She says this is so because: (1) the statute does not specify when the fund must be named in an action; (2) she was prohibited from alleging a specific amount for damages in the damages clause of her complaint under § 655.”
Jones v. Boyce, 299 S.E.2d 298 (N.C. Ct. App. 1983). “See Wis. Stat. Ann. § 655.009 (1) (West 1980).”
Nw. Gen. Hosp. v. Yee, 327 N.W.2d 186 (Wis. Ct. App. 1982). · cites it 2× “Section 655.009 enumerates certain requirements which must be met in an “action to recover damages on account of malpractice .”
Ron Schilling v. Agnesian Healthcare Fond du Lac Reg'l Clinic Main (Wis. Ct. App. 2025). · cites it 3× “§ 655.009(3) (2023-24).1 1 WISCONSIN STAT.”
— Wis. Stat. § 655.009(1) — 1 case
Goff v. Seldera, 550 N.W.2d 144 (Wis. Ct. App. 1996). “" She says this is so because: (1) the statute does not specify when the fund must be named in an action; (2) she was prohibited from alleging a specific amount for damages in the damages clause of her complaint under § 655.”
— Wis. Stat. § 655.009(2) — 1 case
Lagerstrom v. Myrtle Werth Hosp.-Mayo Health Sys., 2005 WI 124 (Wis. 2005). “The defendants argue that Wis. Stat. § 655.009 (2), enacted in 1975, changed the standard for determining the reasonable value of medical services in medical malpractice cases.”
— Wis. Stat. § 655.009(3) — 3 cases
Hoffman v. Mem'l Hosp. of Iowa Cnty., 538 N.W.2d 627 (Wis. Ct. App. 1995). “50 identifies a list of some thirty-four separate venue statutes, including § 655.009, Stats. 3 Hoffman asserts that because § 655.”
Storm Ex Rel. Smoler v. Legion Ins., 2003 WI 120 (Wis. 2003). “19 As the court of appeals explained, in rejecting the assertion that Wis.”
Ron Schilling v. Agnesian Healthcare Fond du Lac Reg'l Clinic Main (Wis. Ct. App. 2025). “§ 655.009(3) (2023-24).1 1 WISCONSIN STAT.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.