LRB-3607/1
PJH:kjf&ahe
2015 - 2016 LEGISLATURE
November 10, 2015 - Introduced by Representatives Wachs, Berceau, Goyke,
Johnson, Kessler, Ohnstad, C. Taylor and Zamarripa, cosponsored by
Senator Harris Dodd. Referred to Committee on Judiciary.
AB498,1,2 1An Act to amend 655.007; and to create 655.018 of the statutes; relating to:
2claims for loss of society and companionship in medical malpractice cases.
Analysis by the Legislative Reference Bureau
Under current law, as stated in Estate of Wells v. Mt. Sinai Medical Center, 183
Wis. 2d 677 (1994), a parent does not have the right to recover for the loss of society
and companionship of an adult child who dies as the result of medical malpractice.
This bill provides that a parent does have the right to recover for loss of society and
companionship if the parent's adult child dies as the result of medical malpractice,
and the adult child had not reached the age of 27 when he or she died.
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:
AB498,1 3Section 1. 655.007 of the statutes is amended to read:
AB498,1,7 4655.007 Patients' claims. On and after July 24, 1975, any Any patient or the
5patient's representative having a claim or any spouse, parent, minor sibling, or child
6of the patient having a derivative claim for injury or death on account of malpractice
7is subject to this chapter.
AB498,2
1Section 2. 655.018 of the statutes is created to read:
AB498,2,7 2655.018 Claim by parent of an adult child for loss of society and
3companionship.
If an adult child who has not attained the age of 27 at the time
4of his or her death dies as the result of medical malpractice, the parent of that adult
5child has a cause of action for damages for loss of society and companionship against
6the person who committed the medical malpractice. This section does not affect any
7other claim available under this chapter.
AB498,3 8Section 3. Initial applicability.
AB498,2,109 (1) This act first applies to acts or omissions occurring on the effective date of
10this subsection.
AB498,2,1111 (End)
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