SB 563

Under current law, wrongful death claims are subject to the statute of

limitations (time limit) under either the general personal injury statute or the

medical malpractice statute. This time limit is counted from the time specified in the

relevant statute. After the time limit has elapsed, the claim is time barred. For a

wrongful death claim that is not based on medical malpractice, the limit is three

years from the person's death. However, Wisconsin courts have concluded that

wrongful death claims caused by medical malpractice are subject to the medical

malpractice statute of limitations. This limit is three years from the injury, or one

year from the date the injury was or should have been discovered, for up to five years

after the malpractice. The court held in

Estate of Genrich v. OHIC Ins. Co.

, 2009 WI

67, that the time limit for a wrongful death action caused by medical malpractice is

counted from the date of the deceased person's injury instead of the date of death.

This bill reverses that decision. Under this bill, the time limit on all wrongful

death claims is counted from the date of the person's death. The wrongful death

claim, even if caused by medical malpractice, exists for three years from the person's

death, for up to six years after the malpractice.