LRB-2565/1
RPN:jld:md
2009 - 2010 LEGISLATURE
June 2, 2009 - Introduced by Representatives Richards, A. Williams, Kessler,
Pope-Roberts, Sinicki, Mason, Toles, Cullen, Spanbauer, Roys, Berceau,
Zepnick, Turner and
Parisi, cosponsored by Senators Plale, Hansen and
Coggs. Referred to Committee on Health and Healthcare Reform.
AB291,1,2
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.
Analysis by the Legislative Reference Bureau
Under current law, as stated in Estate of Wells v. Mt. Sinai Medical Center, 183
Wis. 2d 677 (1994), a parent does not have the right to recover for the loss of society
and companionship of an adult child whose injuries were 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 is injured as the result of
medical malpractice.
Under current law, as stated in Czapinski v. St. Francis Hospital, Inc., 236 Wis.
2d 316 (2000), 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB291, s. 1
3Section
1. 655.007 of the statutes is amended to read:
AB291,2,2
4655.007 Patients' claims. On and after July 24, 1975, any Any patient or the
5patient's representative having a claim or any spouse, parent, minor sibling
, or
adult
1or minor child of the patient having a derivative claim for injury or death on account
2of malpractice is subject to this chapter.
AB291, s. 2
3Section
2. 655.018 of the statutes is created to read:
AB291,2,11
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
6child of that parent has a cause of action for damages for loss of society and
7companionship against the person who committed the medical malpractice. If an
8adult child dies as the result of medical malpractice, the parent of that adult child
9has a cause of action for damages for loss of society and companionship against the
10person who committed the medical malpractice. This section does not affect any
11other claim available under this chapter.
AB291,2,1413
(1) This act first applies to acts or omissions occurring on the effective date of
14this subsection.
