Wisconsin Medical Malpractice Bill Allows Parents Of Adult Children To Sue

A Wisconsin state senator drafted a medical malpractice bill that would allow parents of adult children to sue doctors for wrongful death. Wisconsin State Senator Nikiya Harris Dodd, D-Milwaukee, proposed a medical malpractice bill that would give parents of unmarried children up to 27 years old the right to pursue legal actions against doctors and hospitals. Sen. Harris Dodd told reporters that her bill would give Wisconsin families who have faced such tragic circumstances the right to have their questions answered.”

Details of the Medical Malpractice Bill

The proposed medical malpractice bill would allow parents to sue for wrongful death due to medical malpractice for their child up to age 27. Wisconsin law currently does not allow parents to sue for wrongful death of a child after the child turns 18. The medical malpractice bill extends the age to match the age at which adult children are still covered under their parents’ health insurance plans under the federal Affordable Care Act. The bill only covers non-economic damages, including loss of companionship.

Origins of Medical Malpractice Bill

Sen. Harris Dodd dubbed the medical malpractice bill “Erin’s Law.” The name was inspired by the case of Erin Rice, a student at the University of Wisconsin who died in 1999 at the age of 20. Ms. Rice died after her case of bacterial pneumonia was misdiagnosed by a doctor at the university’s health center. Ms. Rice’s parents attempted to sue the doctor and the university, but state law prohibited the suit from going forward, as Ms. Rice was already over 18 years of age.

Medical Malpractice Bill Highlights Legal Limits

The Harris Dodd medical malpractice bill addresses one of several concerns residents have voiced about the state’s restrictive laws. Ann Jacobs, president of the patient advocacy group Wisconsin Association for Justice, told reporters that the medical malpractice bill would “close one very small part of (the) gaping hole” in the state’s medical malpractice laws. Ms. Jacobs said that state laws also place limits on non-economic damages in medical malpractice lawsuits. The state also limits who can file lawsuits on behalf of injured patients.

Doctors Group Opposes Medical Malpractice Bill

A group representing the state’s doctors has voiced their opposition to the expanded medical malpractice bill. Mark Grapentine, senior vice president of government relations at Wisconsin Medical Society, told reporters that the medical malpractice bill would expand the liability issues faced by the state’s doctors. He also said that the current medical malpractice laws are “envied by much of the rest of the nation” and cited the “Wisconsin Injured Patients and Families Compensation Fund,” an umbrella insurance plan which covers economic damages.

Source: Badger-Herald

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