Wisconsin Senate Votes to Allow for More Malpractice Claims

January 22, 2010

The Wisconsin Senate has approved a bill that would allow for more medical malpractice claims against health care providers.

The approved bill allows parents to sue for pain and suffering damages if their adult-aged children die as a result of medical negligence. Similarly, adult-aged children could sue for damages when their parents are victims of malpractice under the bill.

The bill essentially overturns Wisconsin Supreme Court decisions from 1994 and 2000 that outlawed the recovery of damages in those scenarios.

A coalition of groups representing doctors, providers and insurance companies lobbied against the bill, which still needs approval in the Assembly to become law. Trial lawyers and victims’ advocates supported it.

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