Amendment SSA3-SB148

LRBs0563/1

RPN:jlg:km

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 3, TO 1997 SENATE BILL 148

March 12, 1998 - Offered by Senators Clausing and Jauch.

SB148-SSA3,1,2 An Act to amend 655.007 and 895.04 (4); and to create 655.016 of the statutes; relating to: wrongful death claims.

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

SB148-SSA3, s. 1 Section 1. 655.007 of the statutes is amended to read:

SB148-SSA3,1,7 655.007 Patients' claims. On and after July 24, 1975, any patient or the patient's representative having a claim or any spouse, parent, minor sibling or child of the patient having a derivative claim for injury or death on account of malpractice is subject to this chapter.

SB148-SSA3, s. 2 Section 2. 655.016 of the statutes is created to read:

SB148-SSA3,2,2 655.016 Claim by minor sibling for loss of society and companionship. Subject to s. 655.017, a sibling of a person who dies as a result of malpractice has a cause of action for damages for loss of society and companionship if the sibling was a minor at the time of the deceased sibling's death. This section does not affect any other claim available under this chapter.

SB148-SSA3, s. 3 Section 3. 895.04 (4) of the statutes is amended to read:

SB148-SSA3,2,9 895.04 (4) Judgment for damages for pecuniary injury from wrongful death may be awarded to any person entitled to bring a wrongful death action. Additional damages not to exceed $150,000 $500,000 in the case of a deceased minor, or $350,000 in the case of a deceased adult, for loss of society and companionship may be awarded to the spouse, children or parents of the deceased, or to the siblings of the deceased, if the siblings were minors at the time of the death.

SB148-SSA3, s. 4 Section 4. Initial applicability.

SB148-SSA3,2,12 (1) This act first applies to actions commenced on the effective date of this subsection.

SB148-SSA3,2,13 (End)