LRB-4541/2
RPN:jld:rs
2005 - 2006 LEGISLATURE
February 27, 2006 - Introduced by Representatives Gielow, Hahn, Kerkman,
Kreibich, Newcomer, Nischke, Ott, Towns and Vukmir, cosponsored by
Senators S. Fitzgerald, Kedzie, Leibham and
Roessler. Referred to
Committee on Insurance.
AB1071,1,2
1An Act to amend 893.56 of the statutes;
relating to: the time limit for a person
2under the age of 18 to bring action against a health care provider.
Analysis by the Legislative Reference Bureau
In Haferman v. St. Clare Healthcare Foundation, Inc., 2005 WI 171, (2005), the
Wisconsin Supreme Court held that the conflicts between three separate statutes
regarding actions against health care providers and by persons under the age of 18
resulted in no limit on the time that a developmentally disabled person under the age
of 18 could bring such an action. Although the case did not address the issue, it
appears that the statutes of limitations are unclear regarding persons who are under
the age of 18 and who are mentally ill or imprisoned.
Under this bill, all persons, under the age of 18 must bring the action against
a health care provider within the same period, which is the later of the following:
1. The time that the person reaches the age of ten.
2. Within three years after the date of the injury.
3. Within one year from the date that the injury was discovered or should have
been discovered, but not more than five years from the date of the act or omission that
caused the injury.
4. If a health care provider concealed from the person a prior act or omission
that resulted in the injury, within one year from the date that the patient discovers
the concealment or should have discovered the concealment.
5. When a foreign object that has no therapeutic purpose has been left in a
person's body, within one year after the person is aware or should have been aware
of the presence of the object.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1071, s. 1
1Section
1. 893.56 of the statutes is amended to read:
AB1071,2,9
2893.56 Health care providers; minors actions. Any person under the age
3of 18
, who is not under disability by reason of insanity, developmental disability or
4imprisonment, shall bring an action to recover damages for injuries to the person
5arising from any treatment or operation performed by, or for any omission by a health
6care provider within the time limitation under s. 893.55 or by the time that person
7reaches the age of 10 years, whichever is later. That action shall be brought by the
8parent, guardian or other person having custody of the minor within the time limit
9set forth in this section.
AB1071,2,1211
(1) This act first applies to actions accruing on the effective date of this
12subsection.
