LRB-1788/1
RPN:bjk:ph
2009 - 2010 LEGISLATURE
April 2, 2009 - Introduced by Representatives Cullen, Staskunas, Montgomery,
Richards, Smith, Berceau
and Spanbauer, cosponsored by Senators Risser,
Lehman, Robson, Kreitlow
and Grothman. Referred to Committee on
Insurance.
AB179,1,3 1An Act to amend 893.80 (1m) and 893.82 (5m); and to create 893.80 (3m) of the
2statutes; relating to: notification to the state and certain public agencies
3regarding a medical malpractice claim and limits on liability.
Analysis by the Legislative Reference Bureau
Under current law, if a person is injured as the result of medical malpractice,
he or she must commence an action to recover his or her damages within three years
from the date of the injury or within one year from the date that the injury was
discovered or should have been discovered, but not more than five years after the
date of the act or omission that caused the injury. However, if a health care provider
conceals an act from the person that resulted in the injury, the injured person must
commence the action within one year from the date that the concealment was
discovered or should have been discovered, within three years from the date of the
injury, or within one year from the date that the injury was discovered, whichever
is later. In addition, under current law, if a foreign object is left in a person's body,
the person must commence the medical malpractice action within one year from the
date that the person was aware of the object or should have been aware, within three
years from the date of the injury, or within one year from the date that the injury was
discovered, whichever is later.
Also under current law, if a person wants to bring a civil action against an
officer, employee, or agent of the state or against a volunteer fire company, political
corporation, or governmental subdivision or it's officers, employees, or agents for an
act committed in the course of the officer's, employee's, or agent's duties, the person

must first serve a notice of the claim with the attorney general or on the fire company,
corporation, or subdivision, and on their officer, employee, or agent within 120 days
after the date of the act. If the claim is to recover damages for medical malpractice,
the period to serve the notice of a claim is extended to 180 days after the injury was
discovered or should have been discovered.
This bill removes the requirement that a person must serve the notice of a claim
for medical malpractice on the attorney general or on a volunteer fire company,
political corporation, or governmental subdivision and its officers, employees, or
agents within 180 days after the injury. Instead, the bill requires a person who was
injured as the result of the medical malpractice to commence that action within the
same time period that is required when the claim is against a private health care
provider.
Current law limits the amount that may be recovered in a civil action against
local governments and political corporations and their officers, agents, or employees
to $50,000, and against volunteer fire companies and their officers, agents, or
employees to $25,000. Current law also limits the amount that may be recovered in
a civil action against state officers, agents, or employees to $250,000.
This bill raises the limit on the amount that may be recovered in a civil action
against local governments, political corporations, and volunteer fire companies and
their officers, agents, or employees to the amount allowed against state officers,
agents, or employees, $250,000, if the action was related to the provision of health
care services, the local government, political corporation, or volunteer fire company
provided the health care services, and the officer, agent, or employee who provided
the health care services was acting within the scope of his or her duties.
For further information see the state 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:
AB179, s. 1 1Section 1. 893.80 (1m) of the statutes is amended to read:
AB179,2,82 893.80 (1m) With regard to a claim to recover damages for medical malpractice,
3the time period under provisions of sub. (1) (a) shall be 180 days after discovery of
4the injury or the date on which, in the exercise of reasonable diligence, the injury
5should have been discovered, rather than 120 days after the happening of the event
6giving rise to the claim
do not apply. The time periods that apply for commencing an
7action under this section for damages for medical malpractice are the time periods
8under ss. 893.55 (1m), (2), and (3) and 893.56
.
AB179, s. 2
1Section 2. 893.80 (3m) of the statutes is created to read:
AB179,3,82 893.80 (3m) Notwithstanding the limits on the amount recoverable under sub.
3(3), in a civil action for damages resulting from an act or omission while providing
4health care services against a health care provider, as defined in s. 146.81 (1), or
5against an officer, agent, or employee of a health care provider acting within the
6scope of his or her duties and providing health care services covered under this
7section, shall be governed by the limits on the amount recoverable under s. 893.82
8(6).
AB179, s. 3 9Section 3. 893.82 (5m) of the statutes is amended to read:
AB179,3,1610 893.82 (5m) With regard to a claim to recover damages for medical malpractice,
11the time periods under provisions of subs. (3), (3m), and (4) shall be 180 days after
12discovery of the injury or the date on which, in the exercise of reasonable diligence,
13the injury should have been discovered, rather than 120 days after the event causing
14the injury
do not apply. The time periods for commencing an action under this section
15for damages for medical malpractice are the time periods under ss. 893.55 (1m), (2),
16and (3) and 893.56
.
AB179, s. 4 17Section 4. Initial applicability.
AB179,3,1918 (1) This act first applies to acts or omissions that occur on the effective date of
19this subsection.
AB179,3,2020 (End)
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