AB 1010

This bill adds adult children to the list of relatives who are entitled to sue for injury or death resulting from medical malpractice. Under current law, as stated in

Czapinski v. St. Francis Hospital, Inc.

, 236 Wis. 2d 316 (2000),

Lornson v. Siddiqui

, 302 Wis. 2d 519 (2007), and

Ziulkowski v. Nierengarten

, 210 Wis. 2d 98 (Ct. App. 1997), an adult child does not have the right to recover for the loss of society and companionship of a parent who is injured or dies as the result of medical malpractice.

This bill provides that both minor and certain adult children have the right to recover for loss of society and companionship and other damages if the parent is injured or dies as the result of medical malpractice. Under the bill, an adult child is entitled to bring an action if 1) the adult child has a disability and was, prior to the parent’s injury or death, dependent on the deceased parent for custodial, financial, or emotional support for managing the basic or instrumental activities of daily living; 2) at the time of the parent’s injury or death, the adult child was enrolled in a post-secondary education program, was dependent on the deceased parent for financial support, and, following the parent’s injury or death, lacks the independent means to support himself or herself without financial support from the parent that is no longer available as a result of the parent’s injury or death; or 3) the adult child incurred out of-pocket costs to pay for expenses incurred as a result of the medical malpractice, including medical or custodial care expenses or funeral or legal expenses.