A Wisconsin senator is proposing a bill that will broaden the scope of the state’s medical malpractice law by allowing parents to pursue legal action if their adult children wrongfully died due to medical malpractice.
Senator Harris Dodd (D-Milwaukee) announced the “Erin Law” bill on October 15. In the proposed bill, the parents of fatal medical malpractice victims who are age 27 or younger may be able to pursue non-economic damages. Current medical malpractice law in Wisconsin prohibits parents from filing legal claims on behalf of a child who has died as a result of medical malpractice if that child has reached the age of 18. Dodd’s bill is dedicated to Erin Rice, who died in 1999 at the age of 20 after her doctor failed to diagnose a case of bacterial pneumonia. The Rice family was not able to pursue damage claims against those responsible for their daughter’s death due to Erin’s age.
At Habush Habush & Rottier S.C. ®, we have helped a number of families find justice and answers to their questions after the death of a loved one due to medical malpractice. If you have suffered such a loss, call us today at (414) 271-0900 to discuss your legal options.