LRBa1275/1
RPN:kjf&lmk:ch
2005 - 2006 LEGISLATURE
SENATE AMENDMENT 2,
TO 2005 SENATE BILL 393
November 4, 2005 - Offered by Committee on Agriculture and Insurance.
SB393-SA2,1,11 At the locations indicated, amend the bill as follows:
SB393-SA2,1,2 21. Page 3, line 2: after that line insert:
SB393-SA2,1,5 3"4. No monetary award can adequately compensate an injured person or a
4member of the injured person's family for the pain and suffering and other
5noneconomic damages associated with an injury caused by medical malpractice.
SB393-SA2,1,86 5. A stable environment regarding resolution of medical malpractice claims is
7an important factor in retaining and recruiting health care providers to practice in
8Wisconsin.
SB393-SA2,1,119 6. Assumption by the fund of responsibility for a portion of medical malpractice
10claims decreases costs to health care providers, which will aid in retaining and
11recruiting health care providers to practice in Wisconsin.
SB393-SA2,2,3
17. Stability and predictability of costs of a fund maintained for the purpose of
2paying damages awarded to medical malpractice victims assures all victims
3reasonable compensation for their loss.".
SB393-SA2,2,4 42. Page 5, line 10: delete " $550,000" and substitute "$1,500,000".
SB393-SA2,2,5 53. Page 5, line 11: delete " $450,000" and substitute "$1,000,000".
SB393-SA2,2,17 64. Page 5, line 12: after " injury" insert ". In addition, the limit on total
7noneconomic damages for each occurrence under par. (b) on or after the effective date
8of this subdivision .... [revisor inserts date], for each person listed under s. 655.007
9having a derivative claim for injury on account of malpractice is $100,000, except
10that if a parent or guardian of a child under the age of 18 is the injured party, then
11the limit of $100,000 for the child's derivative claim is increased by $20,000 for each
12year that the child's age is under the age of 17 at the time of the parent's of guardian's
13injury. The $100,000 limit on derivative claims and the $20,000 adjustment on a
14child's derivative claim shall be adjusted by the director of state courts to reflect
15changes in the consumer price index for all urban consumers, U.S. city average, as
16determined by the U.S. department of labor, at least annually thereafter, with the
17adjusted limits to apply to awards subsequent to such adjustments
".
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