LRB-2935/1
RPN:jlg:mrc
1999 - 2000 LEGISLATURE
July 8, 1999 - Introduced by Representatives Underheim, Kreuser, Hahn, Musser,
Olsen, Owens, Plouff, Spillner, Waukau, Kelso and Grothman, cosponsored
by Senators Wirch and Roessler. Referred to Committee on Health.
AB401,1,2
1An Act to amend 804.10 (2) of the statutes;
relating to: the inspection and
2copying of medical and other records in certain actions.
Analysis by the Legislative Reference Bureau
Currently, when an action involves the mental or physical condition of one of
the parties, the court may order that party to submit to a physical or mental
examination. If the action seeks to recover damages for personal injury, under
current law, the court is required to order the plaintiff to allow the defendant to
inspect any X-rays taken of the plaintiff. Current law also requires the court in such
actions to order the plaintiff to allow the defendant to inspect any hospital, medical
and other records relevant to the action.
This bill removes the mandatory requirement that the court order the plaintiff
to allow the defendant to inspect relevant hospital, medical and other records. Under
the bill, the court is given discretionary authority to so order the plaintiff.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB401, s. 1
3Section
1. 804.10 (2) of the statutes is amended to read:
AB401,2,54
804.10
(2) In any action brought to recover damages for personal injuries, the
5court shall also order the claimant, upon such terms as are just, to give to the other
1party or any physician named in the order, within a specified time, consent and the
2right to inspect any X-ray photograph taken in the course of the diagnosis or
3treatment of the claimant. The court
shall may also order the claimant to give
4consent and the right to inspect and copy any hospital, medical or other records and
5reports that are within the scope of discovery under s. 804.01 (2).
AB401,2,87
(1) This act first applies to actions commenced on the effective date of this
8subsection.
