LRBs0224/2
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2001 - 2002 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2001 SENATE BILL 193
October 30, 2001 - Offered by Senator Huelsman.
SB193-SSA2,1,2 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB193-SSA2, s. 1 3Section 1. 655.007 of the statutes is amended to read:
SB193-SSA2,1,11 4655.007 Patients' claims. On and after July 24, 1975, any patient or the
5patient's representative having a claim or any spouse, parent, minor sibling or, minor
6child, or adult disabled child of the patient, or parent of the patient if the patient is
7an adult disabled child
having a derivative claim for injury or death on account of
8malpractice is subject to this chapter. In this section, "disabled child" means a child
9who is developmentally disabled, as defined in s. 51.01 (5) (a), who has a chronic
10mental illness, as defined in s. 51.01 (3g), or who has a physical disability, as defined
11in s. 15.197 (4) (a) 2. and who is being cared for by his or her parent.
SB193-SSA2, s. 2
1Section 2. 655.018 of the statutes is created to read:
SB193-SSA2,2,11 2655.018 Claim by adult disabled child for loss of society and
3companionship.
If the parent who was providing care for an adult disabled child,
4as defined in s. 655.007 dies as the result of medical malpractice, the adult disabled
5child of that parent has a cause of action for damages for loss of society and
6companionship against any person who committed the medical malpractice. If an
7adult disabled child, as defined in s. 655.007, who is being cared for by a parent dies
8as the result of medical malpractice, that parent has a cause of action for damages
9for loss of society and companionship against any person who committed the medical
10malpractice. This section does not affect any other claim available under this
11chapter.
SB193-SSA2, s. 3 12Section 3. Initial applicability.
SB193-SSA2,2,1413 (1) This act first applies to acts or omissions that occur on the effective date of
14this subsection.
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