Wis. Stat. » CHAPTER 655 — HEALTH CARE LIABILITY AND INJURED PATIENTS AND FAMILIES COMPENSATION
Wisconsin Statutes

Wis. Stat. § 655.017 (2026)

Limitation on noneconomic damages

✓ current as of July 2026
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655.017655.017 Limitation on noneconomic damages. The amount of noneconomic damages recoverable by a claimant or plaintiff under this chapter for acts or omissions of a health care provider if the act or omission occurs on or after April 6, 2006, and for acts or omissions of an employee of a health care provider, acting within the scope of his or her employment and providing health care services, for acts or omissions occurring on or after April 6, 2006, is subject to the limits under s. 893.55 (4) (d) and (f).
655.017 HistoryHistory: 1985 a. 340; 1995 a. 10; 2005 a. 183.
655.017 AnnotationA 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. of Wisconsin, 2005 WI 14, 278 Wis. 2d 82, 692 N.W.2d 558, 01-2710.
655.017 AnnotationNon-Economic-Damage Award Caps in Wisconsin: Why Ferdon Was (Almost) Right and the Law Is Wrong. Stutz. 2009 WLR 105.
655.017 AnnotationTort Reform: It’s Not About Victims...It’s About Lawyers. Scoptur. Wis. Law. June 1995.
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1994–2021 · leading case: Ferdon Ex Rel. Petrucelli v. Wisconsin Patients Comp. Fund, 2005 WI 125 (Wis. 2005).
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Ferdon Ex Rel. Petrucelli v. Wisconsin Patients Comp. Fund, 2005 WI 125 (Wis. 2005). · cites it 96× “After the verdict the Fund moved to have the noneconomic damages reduced pursuant to the limitation established in Wis. Stat. §§ 655.017 and 893.55(4)(d) (2001-02).”
Bartholomew v. Wisconsin Patients Comp. Fund & Compcare Health Servs. Ins., 2006 WI 91 (Wis. 2006). · cites it 24× “Six months after the court decided Rineck , the sunset provision in Wis. Stat. §§ 655.017 and 893.55(4) took effect, and the medical malpractice cap ended.”
Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 85 (Wis. 2005). · cites it 16× “[17] Likewise, Wis. Stat. § 655.017 , which sets forth the cap on noneconomic damages in medical malpractice actions, specifically references Wis.”
Ascaris Mayo v. Wisconsin Injured Patients & Families Comp. Fund, 914 N.W.2d 678 (Wis. 2018). · cites it 7× “Wis. Stat. § 655.017 ; Wis. Stat. § 893.55 (1d)(b).”
Guzman v. St. Francis Hosp., Inc., 2001 WI App 21 (Wis. Ct. App. 2000). · cites it 16× “§ 655.017 provides: The amount of noneconomic damages recoverable by a claimant or plaintiff under this chapter for acts or omissions of a health care provider if the act or omission occurs on or after May 25, 1995, and for acts or omissions of an employe of a health care…”
Martin Ex Rel. Scoptur v. Richards, 531 N.W.2d 70 (Wis. 1995). · cites it 7× “Finally, we turn to the issue of the constitutionality of the statutory cap on noneconomic damages in sec. 655.017, Stats. In order to understand the arguments made with respect to the cap, it is important to understand the chronology of certain events in this action.”
Pierce v. Physicians Ins. Co. of Wisconsin, Inc., 2005 WI 14 (Wis. 2005). · cites it 4× “" "Notwithstanding the limits on noneconomic damages under this section, damages recoverable against health care providers .”
Phelps v. Physicians Ins., 2009 WI 74 (Wis. 2009). · cites it 2× “§ 655.017, which links Wis. Stat. ch. 655 to the noneconomic damages caps set forth in Wis.”
Bartholomew v. Patients Comp. Fund, 2006 WI 91 (Wis. 2006). · cites it 24× “*237 ¶ 103 Six months after the court decided Rineck , the sunset provision in Wis. Stat. §§ 655.017 and 893.55(4) took effect, and the medical malpractice cap ended.”
Rouse v. Theda Clark Med. Ctr., Inc., 2007 WI 87 (Wis. 2007). · cites it 2× “The complaint in such action shall not specify the amount of money to which the plaintiff supposes to be entitled.”
Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2004 WI App 91 (Wis. Ct. App. 2004). · cites it 4× “Thus Wis. Stat. § 655.017 provides: The amount of noneconomic damages recoverable by a claimant or plaintiff under this chapter for acts or omissions of a health care provider if the act or omission occurs on or after May 25, 1995, and for acts or omissions of an employee of a…”
Burks v. St. Joseph's Hosp., 596 N.W.2d 391 (Wis. 1999). · cites it 4× “" It cites several examples of other language in chapter 655 such as Wis. Stat. § 655.017 (limitation on noneconomic damages applies to "damages recoverable by a claimant or plaintiff under this chapter for acts or omissions of a health care provider.”
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