Amendment SSA2-SB148

LRBs0597/1

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1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 1997 SENATE BILL 148

March 12, 1998 - Offered by Senator Huelsman.

SB148-SSA2,1,3 An Act to renumber and amend 893.55 (4) (f); and to create 893.55 (4) (f) 2. of the statutes; relating to: limits on recovery for loss of society and companionship for a death resulting from medical malpractice.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB148-SSA2, s. 1 Section 1. 893.55 (4) (f) of the statutes is renumbered 893.55 (4) (f) 1. and amended to read:

SB148-SSA2,2,3 893.55 (4) (f) 1. Notwithstanding the limits on noneconomic damages under this subsection, damages recoverable against health care providers and an employe of a health care provider, acting within the scope of his or her employment and providing health care services, for any medical malpractice that occurred on or after May 25, 1995, and resulted in a wrongful death, if an action for that wrongful death is commenced before the effective date of this subdivision .... [revisor inserts date], are subject to the limit under s. 895.04 (4). If damages in excess of the limit under s. 895.04 (4) are found, the court shall make any reduction required under s. 895.045 and shall award the lesser of the reduced amount or the limit under s. 895.04 (4).

SB148-SSA2, s. 2 Section 2. 893.55 (4) (f) 2. of the statutes is created to read:

SB148-SSA2,2,21 893.55 (4) (f) 2. Notwithstanding the limits on noneconomic damages under this subsection, the total damages per occurrence recoverable for loss of society and companionship against health care providers and an employe of a health care provider, acting within the scope of his or her employment and providing health care services, for any wrongful death action that is commenced on or after the effective date of this subdivision .... [revisor inserts date], are limited to $500,000. The amount awarded under this subdivision shall be reduced by any amount awarded for economic damages to a person awarded damages for loss of society and companionship and by any other amount awarded for noneconomic damages because of the occurrence, except that any amount awarded for the reasonable cost of medical expenses and funeral expenses, including the reasonable cost of a cemetery lot, grave marker and care of the lot, shall not reduce the amount awarded under this subdivision. Any reduction in the amount awarded under this subdivision may not reduce the amount awarded under this subdivision below $150,000. If damages for loss of society and companionship under this subdivision in excess of $500,000 are found, the court shall reduce the amount to $500,000 and make any reduction required by this subdivision from $500,000.

SB148-SSA2,2,22 (End)