LRB-3806/3
RPN:jlg:km
1999 - 2000 LEGISLATURE
February 17, 2000 - Introduced by Representatives Sykora, Kelso, Musser,
Reynolds, La Fave, Colon, Kreuser and Gunderson, cosponsored by Senator
George. Referred to Committee on Judiciary and Personal Privacy.
AB771,1,2
1An Act to create 655.018 of the statutes;
relating to: claims for loss of society
2and companionship in medical malpractice cases.
Analysis by the Legislative Reference Bureau
Under current law, as stated in In re Wells, 174 Wis. 2d 503 (Ct. App. 1993), a
parent does not have the right to recover for the loss of society and companionship
of an adult child who died as the result of medical malpractice. This bill provides that
a parent does have the right to recover for loss of society and companionship if the
parent's adult child dies as the result of medical malpractice.
Under current law, as stated in Dziadosz v. Zirneski, 177 Wis. 2d 59 (Ct. App.
1993), an adult child does not have the right to recover for the loss of society and
companionship of a parent who died as the result of medical malpractice. This bill
provides that an adult child does have the right to recover for loss of society and
companionship if the adult child's parent dies as the result of medical malpractice.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB771, s. 1
3Section
1. 655.018 of the statutes is created to read:
AB771,2,7
4655.018 Claim by parent or adult child for loss of society and
5companionship. If a parent dies as the result of medical malpractice, the adult
1child of that parent has a cause of action for damages for loss of society and
2companionship against the person who committed the medical malpractice. If an
3adult child dies as the result of medical malpractice, the parent of that adult child
4has a cause of action for damages for loss of society and companionship against the
5person who committed the medical malpractice. The amount recoverable under this
6section is subject to the limit under s. 893.55 (4) (f). This section does not affect any
7other claim available under this chapter.
AB771,2,109
(1) This act first applies to actions commenced on the effective date of this
10subsection.
