PLEASE SUPPORT The Family Justice Bill
Date: April 23, 2009
Sponsored by: LRB 1533/1 and LRB 2565/1 Sen. Jeff Plale and Rep. Jon Richards
ISSUE: The Family Justice Bill
Background: Under current law, many Wisconsin families are left with no remedy when an unmarried, widowed or divorced family member dies as a result of medical malpractice. Parents can file for the loss of their minor child but not once the child reaches 18 years of age. Wisconsin also prohibits the right of an adult child to file action if their elderly parent dies due to medical malpractice. The only person that can file a claim in this case is the spouse of the elderly parent. If that spouse is already deceased, then there is no one to file a claim to recover for the wrongful death.
This bill allows the parents of children over age 18 to pursue wrongful death claims in medical malpractice cases. It also allows adult children to pursue similar claims in cases involving an unmarried, divorced or widowed parent.
Wisconsin is one of a handful of states that deprive adult children of the right to bring a wrongful death claim for the death of a parent in a medical malpractice case. In fact, if the doctor had caused the death of the parent in an automobile accident, a wrongful death claim could be filed. This is absolutely nonsensical.
Last session, the bill passed the State Senate by an 18-15 vote on January 22, 2008. (2007 SB 138)
Reason for Support: Wisconsin families deserve the right to a fair and just civil remedy through our court system when a loved one is killed in a medical malpractice case. Age and marital status should not be the determining factors!
How would you deal with the awful prospect of the loss of your own 18-year old son or daughter due to medical errors? How would you react to the fact that there is no legal recourse for the medical negligence that led to the death of your 18-year-old child or your elderly parent?
Everyone deserves to be treated equally in Wisconsin. Our laws should not discriminate against people based on their age or martial status. Negligent health care providers in an operating room should not be treated differently than negligent car drivers.
For more information contact:
Joe Strohl, Governmental Relations