Wis. Stat. » CHAPTER 893 — LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS
Wisconsin Statutes

Wis. Stat. § 893.56 (2026)

Health care providers; minors actions

✓ current as of July 2026
Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
893.56893.56 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 HistoryHistory: 1977 c. 390; 1979 c. 323.
893.56 NoteJudicial 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 AnnotationThis section applies only to living minors. Awve v. Physicians Insurance Co. of Wisconsin, 181 Wis. 2d 815, 512 N.W.2d 216 (Ct. App. 1994).
893.56 AnnotationThis section does not violate article I, section 9, of the Wisconsin Constitution, 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 AnnotationThis 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.
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1990–2023 · leading case: Aicher Ex Rel. LaBarge v. Wisconsin Patients Comp. Fund, 2000 WI 98 (Wis. 2000).
Sort: Relevance Newest Treatment
Aicher Ex Rel. LaBarge v. Wisconsin Patients Comp. Fund, 2000 WI 98 (Wis. 2000). · cites it 73× “Under the broader provisions of Wis. Stat. § 893.56 , Aicher would have had to file the malpractice claim by her tenth birthday, roughly nine months before she claims to have discovered her condition.”
Haferman v. St. Clare Healthcare Found., Inc., 2005 WI 171 (Wis. 2005). · cites it 160× “The court of appeals majority nonetheless recognized that the application of § 893.55 to Toby produced a "troubling" result.”
Storm Ex Rel. Smoler v. Legion Ins., 2003 WI 120 (Wis. 2003). · cites it 17× “Wis. Stat. § 893.56 . The grammatical structure of subsection (1) makes clear that any exception "for actions against health care providers" does not apply to the disability of mental illness.”
Awve v. Physicians Ins. Co. of Wisconsin, Inc., 512 N.W.2d 216 (Wis. Ct. App. 1994). · cites it 9× “The parents argue that the estate's cause of action was timely filed under one statute of limitations, sec. 893.56, Stats., and that their wrongful death action was timely filed under another statute of limitations, sec.”
Haferman v. St. Clare Healthcare Found., Inc., 2004 WI App 206 (Wis. Ct. App. 2004). · cites it 23× “§ 893.56 is equally inapplicable here. Section 893.”
Betthauser v. Med. Prot. Co., 493 N.W.2d 40 (Wis. 1992). · cites it 8× “The circuit court granted the defendants' motion for dismissal on the grounds that sec. 893.56, Stats. 1989-90, 2 which was enacted in 1977, bars the Betthausers' claim.”
Wenke Ex Rel. Laufenberg v. Gehl Co., 2004 WI 103 (Wis. 2004). · cites it 2× “55 and § 893.56 — the medical malpractice statutes of repose at issue in Landis and Aicher.”
Halverson v. Tydrich, 456 N.W.2d 852 (Wis. Ct. App. 1990). · cites it 6× “He finds constitutional fault with the last sentence of sec. 893.56, Stats., which provides that an action by a minor "shall be brought by the parent, guardian or other person having custody of the minor within the time limit set forth in this section.”
Seltrecht v. Bremer, 571 N.W.2d 686 (Wis. Ct. App. 1997). · cites it 5× “See § 893.56, Stats. (1995-96). 2 Gass also represents the Seltrechts on this appeal.”
Holt v. Lenko, 791 A.2d 1212 (Pa. Super. Ct. 2002). · cites it 2× “” Wis.Stat. § 893.56. The Wisconsin Court of Appeals rejected the parents’ argument, holding as follows: [T]he relevant language in sec.”
Betthauser v. Med. Prot. Co., 474 N.W.2d 783 (Wis. Ct. App. 1991). · cites it 7× “The health care providers moved to dismiss the complaint, arguing that the action was time barred by the statute of limitations, sec. 893.56, Stats. That statute, as applicable to this case, required the Betthausers to commence this action prior to Michael attaining ten years of…”
Miller Ex Rel. Sommer v. Kretz, 531 N.W.2d 93 (Wis. Ct. App. 1995). · cites it 2× “) 2 Section 893.56, Stats., sets forth the statute of limitation in medical malpractice cases for minors.”
Show all 14 citing cases →
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.