655.275(5)(b)1.1. If a claim was paid for damages arising out of the rendering of care by a physician, with at least one physician from the area of medical specialty of the physician who rendered the care and with at least one physician from the area of medical specialty of the medical procedure involved, if the specialty area of the procedure is different than the specialty area of the physician who rendered the care.
655.275(5)(b)2.2. If a claim was paid for damages arising out of the rendering of care by a nurse anesthetist, with at least one nurse anesthetist.
655.275(6)(6)Fees. Fees sufficient to cover the council’s costs, including costs of administration, shall be collected under s. 655.27 (3) (am).
655.275(7)(7)Notice of recommendation. The council shall notify the affected health care provider, in writing, of its recommendations to the commissioner, the board of governors or a private insurer made under sub. (5). The notice shall inform the health care provider that the health care provider may submit written comments on the council’s recommendations to the commissioner, the board of governors or the private insurer within a reasonable period of time specified in the notice.
655.275(8)(8)Patient records. The council may obtain any information relating to any claim it reviews under this section that is in the possession of the commissioner or the board of governors. The council shall keep patient health care records confidential as required by s. 146.82.
655.275(9)(9)Immunity. Members of the council and persons consulting with the council under sub. (5) (b) are immune from civil liability for acts or omissions while performing their duties under this section.
655.275(10)(10)Members’ and consultants’ expenses. Notwithstanding s. 15.09 (6), any person serving on the council and any person consulting with the council under sub. (5) (b) shall be paid at a rate established by the commissioner by rule.
655.275 HistoryHistory: 1985 a. 340; 1989 a. 187; 1991 a. 214, 315; 1999 a. 9; 2003 a. 111; 2007 a. 20, 108; 2019 a. 66; 2021 a. 114; 2021 a. 239 s. 74.
655.275 Cross-referenceCross-reference: See also s. Ins 17.285 and 17.30, Wis. adm. code.
subch. VI of ch. 655SUBCHAPTER VI
MEDIATION SYSTEM
655.42655.42Establishment of mediation system.
655.42(1)(1)Legislative intent. The legislature intends that the mediation system provide the persons under sub. (2) with an informal, inexpensive and expedient means for resolving disputes without litigation and intends that the director of state courts administer the mediation system accordingly.
655.42(2)(2)Mediation system. The director of state courts shall establish a mediation system complying with this subchapter not later than September 1, 1986. The mediation system shall consist of mediation panels that assist in the resolution of disputes, regarding medical malpractice, between patients, their representatives, spouses, parents or children and health care providers.
655.42 HistoryHistory: 1985 a. 340; 1989 a. 187 s. 28.
655.43655.43Mediation requirement. The claimant and all respondents named in a request for mediation filed under s. 655.44 or 655.445 shall participate in mediation under this subchapter.
655.43 HistoryHistory: 1985 a. 340.
655.44655.44Request for mediation prior to court action.
655.44(1)(1)Request and fee. Beginning September 1, 1986, any person listed in s. 655.007 having a claim or a derivative claim under this chapter for bodily injury or death because of a tort or breach of contract based on professional services rendered or that should have been rendered by a health care provider may file a request for mediation and shall pay the fee under s. 655.54.
655.44(2)(2)Content of request. The request for mediation shall be in writing and shall include all of the following information:
655.44(2)(a)(a) The claimant’s name and city, village or town, county and state of residence.
655.44(2)(b)(b) The name of the patient.
655.44(2)(c)(c) The name and address of the health care provider alleged to have been negligent in treating the patient.
655.44(2)(d)(d) The condition or disease for which the health care provider was treating the patient when the alleged negligence occurred and the dates of treatment.
655.44(2)(e)(e) A brief description of the injury alleged to have been caused by the health care provider’s negligence.
655.44(3)(3)Delivery or registered mail. The request for mediation shall be delivered in person or sent by registered mail to the director of state courts.
655.44(4)(4)Statute of limitations. Any applicable statute of limitations is tolled on the date the director of state courts receives the request for mediation if delivered in person or on the date of mailing if sent by registered mail. The statute remains tolled until 30 days after the last day of the mediation period under s. 655.465 (7).
655.44(5)(5)No court action commenced before mediation. Except as provided in s. 655.445, no court action may be commenced unless a request for mediation has been filed under this section and until the expiration of the mediation period under s. 655.465 (7).
655.44(6)(6)Notice of court action to director of state courts. A claimant who files a request for mediation under this section and who commences a court action after the expiration of the mediation period under s. 655.465 (7) shall send notice of the court action by 1st class mail to the director of state courts.