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Bills from the 2009–10 session

Assembly Bill 179

Notification to the state and certain public agencies regarding a medical malpractice claim and limits on liability

Topics: Fire department, Medical malpractice, Public liability, Public officers

Stopped in committee

It had a but no committee vote, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Apr 2, 2009

  2. Committee, stopped here

    Stopped here. It had a hearing but no committee vote.

  3. Assembly vote, not reached

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

It sat with the Assembly Committee on Insurance.

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, if a person is injured as the result of medical malpractice, he or she must commence an action to recover his or her damages within three years from the date of the injury or within one year from the date that the injury was discovered or should have been discovered, but not more than five years after the date of the act or omission that caused the injury. However, if a health care provider conceals an act from the person that resulted in the injury, the injured person must commence the action within one year from the date that the concealment was discovered or should have been discovered, within three years from the date of the injury, or within one year from the date that the injury was discovered, whichever is later. In addition, under current law, if a foreign object is left in a person's body, the person must commence the medical malpractice action within one year from the date that the person was aware of the object or should have been aware, within three years from the date of the injury, or within one year from the date that the injury was discovered, whichever is later.

Also under current law, if a person wants to bring a civil action against an officer, employee, or agent of the state or against a volunteer fire company, political corporation, or governmental subdivision or it's officers, employees, or agents for an act committed in the course of the officer's, employee's, or agent's duties, the person must first serve a notice of the claim with the attorney general or on the fire company, corporation, or subdivision, and on their officer, employee, or agent within 120 days after the date of the act. If the claim is to recover damages for medical malpractice, the period to serve the notice of a claim is extended to 180 days after the injury was discovered or should have been discovered.

Read the full summary

This bill removes the requirement that a person must serve the notice of a claim for medical malpractice on the attorney general or on a volunteer fire company, political corporation, or governmental subdivision and its officers, employees, or agents within 180 days after the injury. Instead, the bill requires a person who was injured as the result of the medical malpractice to commence that action within the same time period that is required when the claim is against a private health care provider.

Current law limits the amount that may be recovered in a civil action against local governments and political corporations and their officers, agents, or employees to $50,000, and against volunteer fire companies and their officers, agents, or employees to $25,000. Current law also limits the amount that may be recovered in a civil action against state officers, agents, or employees to $250,000.

This bill raises the limit on the amount that may be recovered in a civil action against local governments, political corporations, and volunteer fire companies and their officers, agents, or employees to the amount allowed against state officers, agents, or employees, $250,000, if the action was related to the provision of health care services, the local government, political corporation, or volunteer fire company provided the health care services, and the officer, agent, or employee who provided the health care services was acting within the scope of his or her duties.

Who's behind it

5 lawmakers are its ⁠. All 5 are Democrats.

4 more lawmakers ⁠.

See all 9 names

Authors (5)

Signed on in support (4)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Mar 11, 2010

    The committee held a public hearing.

  3. Mar 9, 2010

    A state agency sent in its estimate of the cost.

  4. Aug 25, 2009

    A state agency sent in its estimate of the cost.

  5. Apr 2, 2009

    Sent to the Assembly Committee on Insurance.

  6. Apr 2, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Apr 2, 2009 · Assembly

    Introduced by Representatives Cullen, Staskunas, Montgomery, Richards, Smith, Berceau and Spanbauer;Cosponsored by Senators Risser, Lehman, Robson, Kreitlow and Grothman

  2. Apr 2, 2009 · Assembly

    Read first time and referred to committee on Insurance

  3. Aug 25, 2009 · Assembly

    Fiscal estimate received

  4. Aug 26, 2009 · Assembly

    Senator Grothman withdrawn as a cosponsor

  5. Aug 26, 2009 · Assembly

    Representative Spanbauer withdrawn as a coauthor

  6. Aug 31, 2009 · Assembly

    Representative Montgomery withdrawn as a coauthor

  7. Mar 9, 2010 · Assembly

    Fiscal estimate received

  8. Mar 11, 2010 · Assembly

    Public hearing held

  9. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate