Lawmaker Proposes Changes To Wisconsin Medical Malpractice Law

A state senator will propose changes to Wisconsin medical malpractice law that will remove limits on which family members can file claims. The current Wisconsin medical malpractice law only allows spouses, minor children and parents of minor children to file wrongful death claims. State Sen. Nikiya Harris Dodd (D-Milwaukee) plans to propose a bill that would allow parents of adult children younger than 27 to sue for wrongful death.

Earlier Wisconsin Medical Malpractice Law Reforms Voted Down

Last year, Senator Harris Dodd had proposed more extensive changes to Wisconsin medical malpractice law. The proposed changes would also allow adult children to file wrongful death claims when a parent under medical care died. The previous attempt at changing Wisconsin medical malpractice law did not receive enough votes to move on from its committee hearings. Senator Harris Dodd told reporters that this version of her proposal “might be a little bit more appealing” to the Republican-controlled state Senate and Assembly.

“Erin’s Law” and Wisconsin Medical Malpractice Law

The purpose of the proposal, dubbed “Erin’s Law”, stems from the case of Erin Rice. In 1999, the then-20-year-old Ms. Rice had been diagnosed with pneumonia by an emergency room doctor at the UW Hospital. The physician prescribed antibiotics and cough suppressants and sent Ms. Rice home. Two weeks later, Erin Rice died of an enlarged heart. Since Ms. Rice was an adult at the time of her death, Wisconsin medical malpractice law prohibited her parents from filing a wrongful death claim against the hospital.

Wisconsin Medical Malpractice Law Reform Faces Opposition

Despite the proposal’s intentions, the senator’s efforts to reform current Wisconsin medical malpractice law will face severe opposition from political opponents, business interests and medical malpractice insurers. State Representative Jim Ott (R-Mequon) told reporters that any attempt to expand Wisconsin medical malpractice law to allow for more lawsuits “would be counter to the direction we’ve been going on tort reform.” Mark Grapentine, lobbyist for the Wisconsin Medical Society, said that previous attempts to expand medical malpractice eligibility “have always been nonstarters” and that his group would oppose a broader bill.

Wisconsin Medical Malpractice Law Plaintiffs Find Tough Fights

The current structure of Wisconsin medical malpractice law has made the route for plaintiffs and their attorneys increasingly difficult. A series of state laws and court rulings have tilted Wisconsin medical malpractice law in favor of doctors and insurance companies, according to reports in the Milwaukee Journal-Sentinel. State law requires that plaintiffs file requests for medical mediation before filing suit. In 2014, the state receive 113 such requests, down from 160 in 2013 and from 410 in 1987.

Funds For Wisconsin Medical Malpractice Law Victims Grow

Meanwhile, the Wisconsin Injured Patients and Families Compensation Fund has accumulated $1.18 billion in assets and accrued a surplus of $580.9 million. The fund was designed to compensate medical malpractice victims for claims of at least $1 million. Senator Harris Dodd labeled the amounts as “exorbitant” and stated that little of that money goes to the medical malpractice victims.

Source: Milwaukee Journal-Sentinel

Get Answers For Your Medical Malpractice Law Questions

To find out how we can help with a medical malpractice case, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to a medical malpractice attorney. You can also fill out the “Free Case Evaluation” form at the top of this page.