LRB-1476/1
RPN:jld:rs
2003 - 2004 LEGISLATURE
March 12, 2003 - Introduced by Senator Risser, cosponsored by Representatives
Johnsrud, Berceau, J. Lehman, Boyle and Colon. Referred to Committee on
Judiciary, Corrections and Privacy.
SB70,1,2 1An Act to amend 893.82 (5m) of the statutes; relating to: notification of the
2state regarding a medical malpractice claim.
Analysis by the Legislative Reference Bureau
Under current law, if a person is injured as the result of medical malpractice,
he or she must commence an action to recover his or her damages within three years
from the date of the injury or within one year from the date that the injury was
discovered or should have been discovered, but not more than five years after the
date of the injury. Currently, if a health care provider conceals an act from the patient
that resulted in the injury, the injured patient must commence the action within one
year from the date that the concealment was discovered or should have been
discovered, within three years from the date of the injury, or within one year from
the date that the injury was discovered, whichever is later. Currently, if a foreign
object is left in a patient's body, the patient must commence the medical malpractice
action within one year from the date that the person was aware of the object or should
have been aware, within three years from the date of the injury, or within one year
from the date that the injury was discovered, whichever is later.
Also under current law, if a person wants to bring a civil action against an
officer, employee, or agent of the state for an act committed in the course of the
officer's, employee's, or agent's duties, the person must first serve a notice of the
claim with the attorney general within 120 days after the date of the act. The claim
must include the time, date, location, and circumstances of the act that gave rise to
the claim, plus the names of the persons involved in the act. If the claim is to recover
damages for medical malpractice, the 120-day period is extended to 180 days after
the injury was discovered or should have been discovered.

This bill removes the requirement that a person must serve a notice of a claim
for medical malpractice involving a state officer, employee, or agent on the attorney
general within 180 days after the injury. Instead, the bill requires a person who was
injured as the result of medical malpractice by a state officer, employee, or agent to
commence that action within the same time period that is required when the claim
is against a private medical provider.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB70, s. 1 1Section 1. 893.82 (5m) of the statutes is amended to read:
SB70,2,82 893.82 (5m) With regard to a claim to recover damages for medical malpractice,
3the time periods under subs. (3), (3m), and (4) shall be 180 days after discovery of the
4injury or the date on which, in the exercise of reasonable diligence, the injury should
5have been discovered, rather than 120 days after the event causing the injury
for
6serving a notice of a claim upon the attorney general do not apply. The time period
7for commencing an action against a state officer, employee, or agent for damages for
8medical malpractice are the same as the time periods under s. 893.55 (1), (2), and (3)
.
SB70,2,99 (End)
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