Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB871 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 871
5	5	January 2, 2024 - Introduced by Representatives SINICKI, CABRERA, BALDEH,
6	6	DRAKE, EMERSON, JACOBSON, OHNSTAD, ORTIZ-VELEZ, RATCLIFF, STUBBS and
7	7	MADISON, cosponsored by Senator TAYLOR. Referred to Committee on
8	8	Judiciary.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 655.007; and to create 655.0165 of the statutes; relating to:
11	11	claims for loss of society and companionship resulting from medical
12	12	malpractice.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill adds adult children to the list of relatives who are entitled to sue for
15	15	injury or death resulting from medical malpractice. Under current law, as stated in
16	16	Czapinski v. St. Francis Hospital, Inc., 236 Wis. 2d 316 (2000), Lornson v. Siddiqui,
17	17	302 Wis. 2d 519 (2007), and Ziulkowski v. Nierengarten, 210 Wis. 2d 98 (Ct. App.
18	18	1997), an adult child does not have the right to recover for the loss of society and
19	19	companionship of a parent who is injured or dies as the result of medical malpractice.
20	20	This bill provides that both minor and certain adult children have the right to
21	21	recover for loss of society and companionship and other damages if the parent is
22	22	injured or dies as the result of medical malpractice. Under the bill, an adult child
23	23	is entitled to bring an action if 1) the adult child has a disability and was, prior to the
24	24	parent's injury or death, dependent on the deceased parent for custodial, financial,
25	25	or emotional support for managing the basic or instrumental activities of daily living;
26	26	2) at the time of the parent's injury or death, the adult child was enrolled in a
27	27	post-secondary education program, was dependent on the deceased parent for
28	28	financial support, and, following the parent's injury or death, lacks the independent
29	29	means to support himself or herself without financial support from the parent that
30	30	is no longer available as a result of the parent's injury or death; or 3) the adult child
31	31	incurred out of-pocket costs to pay for expenses incurred as a result of the medical
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34	34	3 - 2 -2023 - 2024 Legislature LRB-0218/1
35	35	SWB:cdc
36	36	ASSEMBLY BILL 871
37	37	malpractice, including medical or custodial care expenses or funeral or legal
38	38	expenses.
39	39	For further information see the state fiscal estimate, which will be printed as
40	40	an appendix to this bill.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 655.007 of the statutes is amended to read:
44	44	655.007 Patients' claims. On and after July 24, 1975, any Any patient or the
45	45	patient's representative having a claim or any spouse, parent, minor sibling, or adult
46	46	or minor child of the patient having a derivative claim for injury or death on account
47	47	of malpractice is subject to this chapter.
48	48	SECTION 2. 655.0165 of the statutes is created to read:
49	49	655.0165 Claim by minor or adult child for injury or death. (1) If a
50	50	parent is injured or dies as the result of medical malpractice, an adult child of the
51	51	parent for which any of the following is true or a minor child of the parent has a cause
52	52	of action for damages for loss of society and companionship and other damages
53	53	incurred by the minor or adult child against the person who committed the medical
54	54	malpractice:
55	55	(a) The adult child has a disability and was, prior to the parent's injury or death,
56	56	dependent on the injured or deceased parent for custodial, financial, or emotional
57	57	support for managing the basic or instrumental activities of daily living, which the
58	58	parent can no longer provide.
59	59	(b) At the time of the parent's injury or death, the adult child was enrolled in
60	60	a post-secondary education program, was dependent on the injured or deceased
61	61	parent for financial support, and lacks the independent means to support himself or
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83	83	SECTION 2
84	84	ASSEMBLY BILL 871
85	85	herself without financial support from the parent that is no longer available as a
86	86	result of the parent's injury or death.
87	87	(c) The adult child incurred out-of-pocket costs to pay for expenses resulting
88	88	from the medical malpractice, including any of the following:
89	89	1. Medical or custodial care expenses for the injured or deceased parent
90	90	beginning from the time of the medical malpractice.
91	91	2. Funeral or legal expenses incurred as a result of the injury or death of the
92	92	parent.
93	93	(2) This section does not affect any other claim available under this chapter.
94	94	SECTION 3.0Initial applicability.
95	95	(1) This act first applies to acts or omissions occurring on the effective date of
96	96	this subsection.
97	97	(END)
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