Senate Bill 563
The statute of limitations for wrongful death claims arising out of medical malpractice
Topics: Death benefit, Limitation of action, Medical malpractice
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.
-
Introduced, passed
Feb 26, 2010
-
Committee, stopped here
Stopped here. It had a hearing but no committee vote.
-
Senate vote, not reached
-
Assembly vote, not reached
-
Governor, not reached
-
Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
It sat with the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.
Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.
Terms on this page
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. 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
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
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.
Read the full summary Show less
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.
Who's behind it
2 senators are its . All 2 are Democrats.
4 more lawmakers .
See all 6 names Hide the names
Authors (2)
- Mark Miller · Democrat, Senate
- Fred A. Risser · Democrat, Senate
Signed on in support (4)
- Annette Williams · Democrat, Assembly
- Sondy Pope · Democrat, Assembly
- Robert Turner · Democrat, Assembly
- Leon Young · Democrat, Assembly
What happened
-
Apr 28, 2010
The session ended, and the bill died with it.
-
Apr 1, 2010
The committee held a public hearing.
-
Feb 26, 2010
Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.
-
Feb 26, 2010
Introduced in the Senate.
See the official record, word for word Hide the official record
- Feb 26, 2010 · Senate
Introduced by Senators Miller and Risser;Cosponsored by Representatives Pope-Roberts, Young, Turner and A. Williams
- Feb 26, 2010 · Senate
Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing
- Apr 1, 2010 · Senate
Public hearing held
- Apr 28, 2010 · Senate
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.
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. 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
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
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor