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Wisconsin Medical Malpractice Insurance

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Cunningham Group is here for Wisconsin Physicians & Medical Professionals

We are Medical Malpractice Insurance Specialists helping physicians, medical professionals and medical groups across specialties get medical malpractice coverage at cost-effective rates – as well as providing valuable tools and resources.

Founded in 1947, our experienced liability specialists will customize a policy to the specific needs of you and your practice.
Get all the physician discounts you are entitled to, including: Risk Management, Claims-free and New to Practice.
We ensure you receive Prior Acts, so you avoid purchasing separate tail malpractice coverage.
We publish historic rate data for every county in the State, in partnership with the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance and healthcare industry news.
Access to ALL MD, our network of Connecticut healthcare defense lawyers. Free Practice Tools, including Online Patient Satisfaction Survey System and Risk Management tools.
Experience excellent customer service with our dedicated account team.

Cunningham Group Has You Covered

On average, Cunningham Group saves Physicians and Medical Professionals 20% on their medical malpractice insurance.

2021 Wisconsin Malpractice Insurance Marketplace Guide

Wisconsin Med-Mal Fast Facts

  • Most Common Limits of Liability: $1 million/$3 million
  • Major Malpractice Insurers:
    • ProAssurance Casualty Co.
    • Continental Casualty Co.
    • MMIC Insurance Inc.
    • Medical Protective Co.
    • MHA Insurance Co.
  • Cost of Medical Malpractice Insurance: Low
  • Pending State Legislation in 2021 that could affect your rates?: No

The Wisconsin Malpractice Landscape

Wisconsin medical malpractice premiums are low. Over the years, Wisconsin has passed many tort reforms, including a cap on noneconomic damages, a patient compensation fund and procedures to discourage frivolous lawsuits. All of these reforms have helped to keep Wisconsin premiums affordable for physicians of all specialties.

Tort Reform in Wisconsin

Wisconsin was one of the first states to reform its medical liability system, passing Wis. Stat. 655 in 1975 in response to the medical liability crisis of the era. The law was intended to reduce the premium burden on the state’s medical community, while preserving citizens’ access to healthcare. It mandated a minimum limit of liability for healthcare workers of $200,000 per claim and $600,000 per year, beyond which the healthcare provider would have no personal liability. The state’s new patient compensation fund (PCF) – also created through the statute – would pay for judgments greater than this amount.

Wisconsin refined this legislation several times, creating a $1 million cap on noneconomic damages with the passage of Wisconsin Act 340 in 1985. Act 340 expired in 1991, but four years later, the Wisconsin Legislature revisited damage caps, resetting them at $350,000 and allowing for inflation. They also enacted a law barring the application of the joint-and-several-liability rule when recovering damages from defendants found to be less than 51 percent at fault. The updated rules for joint-and-several liability were a major victory for the state’s healthcare community.

In a 2005 ruling, the Wisconsin Supreme Court declared the state’s $350,000 noneconomic damage cap unconstitutional, saying it violated the equal protection provision of the state constitution. Lawmakers responded in 2006 with a re-write of the noneconomic damages cap, now setting it at $750,000 and widening the language to pass constitutional muster. Further reforms in 2011 discouraged plaintiffs from filing frivolous claims, improved rules of evidence and raised the standard for qualifying expert testimony, among other measures.

In July of 2017, a Wisconsin 1st District Court of Appeals ruled the state’s $750,000 cap on noneconomic damages is unconstitutional for imposing an illogical burden on injured patients, denying them equal protection. The decision is being appealed to the Wisconsin Supreme Court.

In 2018, the state’s highest court settled the Wisconsin 1st District Court of Appeals case challenging the state’s noneconomic damage cap. The Wisconsin Supreme Court affirmed that the state’s $750,000 cap on noneconomic medical liability damages is constitutional. The five-to-two decision in Mayo v. Wisconsin Injured Patients & Families Compensation Fund stems from a case filed by Ascaris Mayo, whose four limbs developed gangrene and had to be amputated after doctors failed to diagnose her with a septic infection. Mayo and her husband sued Wyatt Jaffe, MD, and physician assistant Donald Gibson, Infinity Health Care Inc., ProAssurance Wisconsin Insurance Co. and the Wisconsin Injured Patients & Families Compensation Fund for medical malpractice and failure to provide proper informed consent. The initial jury trial verdict awarded Mayo $25.3 million — $15 million of which were for noneconomic damages, while her husband received $1.5 million for loss of consortium and companionship of his wife. Both the trial judge and the Wisconsin Court of Appeals found the state’s noneconomic damage cap, citing no rational basis to link the amount of the current noneconomic damages cap to the Wisconsin Legislature’s purposes for enacting the cap. The Wisconsin Supreme Court ultimately sided with the state’s patient compensation fund, concluding that to overturn the noneconomic damage cap would invade the province of the legislature. “In creating the $750,000 cap for noneconomic damages, the legislature undertook substantial investigative efforts to assure that any future legislation in regard to a cap would be constitutionally appropriate,” wrote Chief Justice Patience Rogensack for the majority. “The legislature carefully set out its objectives, stating that ‘[t]he objective of the treatment of this section is to ensure affordable and accessible healthcare for all of the citizens of Wisconsin while providing adequate compensation to the victims of medical malpractice.’”

Does Wisconsin have…

  • Damage Caps? Yes, noneconomic damages are capped at $750,000. There is no cap on total damages.
  • Patient Compensation Fund? Yes
  • Apology Law? Yes, statements, gestures, or the conduct of a health care provider or a health care provider’s employee or agent can express apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility or sympathy to a patient or a patient’s relative or representative.
  • Collateral Source Reform? Yes, defendants can introduce evidence of payments from collateral sources.
  • Periodic Payments? Yes, if future medical expenses are projected to be more than $100,000.
  • Joint Liability Reform? Yes, defendants are responsible for only their portion of negligence, if they are found to be less than 51 percent at fault, unless the defendant acted as part of a common scheme or plan.
  • Limits on Plaintiff Attorney’s Fees? Yes, fees are limited to 1/3 of the first $1 million and 20 percent of amounts exceeding $1 million, with fee increases possible at the court’s discretion.

Medical Malpractice Rates in Wisconsin


Medical malpractice rates in Wisconsin are reasonable, no matter what specialty a physician practices. There are many carriers in the state, and medical liability reforms have helped to keep premiums down.

Get Historic Rates

By combining our efforts with those of the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance news, as well as the political, legal and risk management issues that affect the healthcare industry – we’ve published historic rate data for every county in the Badger State. You can view all the rates by completing the three simple steps on the left of this page. You’ll find the insights offered by this information invaluable when making your decision on your medical malpractice insurance coverage and carriers. This is only one of the many reasons that Cunningham Group Insurance has become the preferred online source for Wisconsin physicians, healthcare professionals and medical groups looking to find the best coverage and lower their medical malpractice insurance rates.

Coverage by Wisconsin County

Wisconsin physicians enjoy the same low rates across the state’s 72 counties, with the only exceptions being Milwaukee County (including Milwaukee and the surrounding area) and Dane County, where the city of Madison is located. Physicians in these two counties may pay slightly higher rates than in the rest of the state.

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