Wisconsin Assembly Bill AB871

Wisconsin 2023-2024 Regular Session

• Introduced: 1/2/24
• Refer: 1/2/24
• Failed: 4/15/24

Caption

Claims for loss of society and companionship resulting from medical malpractice. (FE)

Impact

The proposed changes would particularly impact statutes surrounding medical malpractice claims by allowing certain adult children to be recognized as plaintiffs in lawsuits. This includes adult children who are financially or emotionally dependent on their deceased parent or those who have incurred expenses due to the medical malpractice. The implications of this bill could lead to a notable increase in the number of claims filed in Wisconsin courts, potentially altering the legal landscape for medical malpractice suits.

Summary

Assembly Bill 871 introduces significant amendments to existing statutes concerning claims for loss of society and companionship arising from medical malpractice. Specifically, the bill seeks to grant adult children the right to sue for damages resulting from the medical malpractice of a parent, a right currently not afforded to them under existing Wisconsin law. The amendment addresses the gap whereby adult children cannot claim for loss and damages when their parent suffers due to medical negligence or dies from such incidents.

Contention

Key points of contention surrounding AB871 may arise as the bill could be perceived as expanding liability for medical practitioners and institutions. Critics might argue that allowing adult children—especially those who may not have been living with or financially reliant on the parent—to pursue claims could lead to more frivolous lawsuits. Conversely, advocates argue that the existing law unfairly excludes a significant group of individuals who suffer emotional and financial loss when a parent is harmed or killed due to negligent medical practices.