Wisconsin Lawmaker Proposing New Medical Malpractice Legislation to Help Families of Adult Children Recover for Wrongful Death
Posted by PKSD Law Firm on December 30, 2014 in Medical Negligence
All Wisconsin citizens should have the same rights to recover for the wrongful death of a loved one, says attorney Jeffrey Pitman. No group should be exempt from being held accountable for a person’s wrongful death.
Despite this sentiment, Wisconsin law does not allow the families of young adults to file medical malpractice lawsuits against the physicians who harmed them.
Parents of children over the age of 18 who suffered because of a physicians negligence have had little room for legal recourse thanks to this law. Now, one Wisconsin lawmaker is proposing a small improvement that might just help these families seek justice for their losses.
Sen. Nikiya Harris Dodd (D-Milwaukee) is pushing for a change to the law that would allow the surviving family members of adult children up to the age of 27 to file a wrongful death lawsuit in medical malpractice cases. The proposal would leave in place the ban on adult children recovering similarly in cases where their parent(s) suffered a wrongful death in a medical malpractice scenario.
Harris Dodd is expecting opposition from Republicans, who traditionally oppose expanding tort liability for physicians. The proposed legislation, dubbed Erins Law, aims to put a face on the topic through the memory of Erin Rice, who, at 20 years old, was misdiagnosed with pneumonia two weeks before dying of complications from an enlarged heart.
That was in 1999. Since that time, Erins family has been fighting an uphill battle against the Wisconsin law blocking them from holding the medical professionals who issued her misdiagnosis responsible for her death.
State law says she isn’t worth anything because she was over 18, Eric Rice, Erins father, explains. She had no value, thats what the law is saying.
For families like the Rices, having a day in court can mean getting answers to many burning questions; without the power to file a claim, these surviving parents are cheated of this closure.
If you were hurt by medical malpractice, or if you lost a loved one due to the negligence of a doctor or other medical professional, there is hope. Contact a Milwaukee personal injury attorney at Pitman, Kalkhoff, Sicula & Dentice to learn whether you have a case against the parties who caused you harm.
We offer FREE case consultations to anyone who believe they may have a claim.