Bill Loosens Restrictions On Malpractice Lawsuits In Wisconsin

A Democratic state senator is introducing a bill to roll back restrictions in the state’s medical malpractice laws, specifically when it comes to the death of adult children.

The bill sponsored by Sen. Nikiya Harris Dodd would allow the parents of adult children up to the age of 27 to sue a doctor or hospital for damages if their child dies as the result of medical malpractice. The bill has strong backing from plaintiffs lawyers like Ann Jacobs, who heads the Wisconsin Association for Justice.

“Doctors, like everybody else in Wisconsin — like plumbers, like contractors, even like lawyers — would be held responsible for the mistakes they made, particularly when it comes to all of our children,” she said.

The bill is a scaled-down version of one that died in committee last year. That one would also have allowed adult children to sue if their parent died because of a medical error. But even this weaker bill will likely face opposition from doctors, hospitals and insurance companies.

Backers of the bill say it’s not just about the money. Families say that currently, the only way they can get doctors to explain what caused their loved one’s death is to force them into court with a lawsuit. However, opponents say such a bill is a slippery slope toward opening up courts to frivolous lawsuits that will drive up malpractice insurance premiums.

Mark Grapentine, lobbyist for the Wisconsin Medical Society, said that the doctors he works for are worried about how the bill would expand their exposure to legal liability. He said that there could be a “never-ending push for expanding the ability of plaintiffs’ attorneys to extract money from insurance companies, because the environment has tipped toward the plaintiff.”

Grapentine said the Medical Society won’t weigh in against the bill until after it gathers data on how much doctors’ liability would be increased if the bill passes.

The leaders of the Republican majority in the Legislature say loosening restrictions on such suits would be a step back from the reforms they say have led to reduction in malpractice lawsuits .

Malpractice payouts to plaintiffs in Wisconsin over the past year are the lowest in the Midwest, and among the lowest in the country. Wisconsin also boasts the largest patient compensation fund in the country that has grown to more than a billion dollars. The money can be used by doctors to defend against malpractice claims and to pay patient or survivor plaintiffs who win a malpractice lawsuit.