Wisconsin Families Support Removing Legal Double Standard

WAJ joins families in testifying in Support of Family Justice Bill (AB 291)

Madison, WI – The Family Justice Network, whose loved ones died as a result of medical malpractice, will be among those who gather today in the State Capitol to testify in support of Assembly Bill 291, the Family Justice Bill. Joining the families to testify in support of the legislation are members of the Wisconsin Association for Justice (WAJ).

Under current law, Wisconsin is one of only six states that do not allow the parents of a single adult child, or the adult children of unmarried or widowed parents to seek recourse for medical malpractice through the civil justice system. AB 291 seeks to change the current law to ensure all people can have their day in court.

“Right now a family can take a case to court when a doctor causes the death of a married parent, but not a widowed or divorced parent,” said Mark Thomsen, President of WAJ. “The current law sets up a double standard that makes no sense.”

The Family Justice Bill does not expand who can file a claim to more members of the same family. Rather, it ensures all families are treated the same way, with the same access to the courts. The law would continue to require proof that family members show they have suffered a loss of society and companionship, and a jury would make the final decision of whether damages should be awarded.

“Wisconsin’s law is among the most restrictive in the nation,” said Thomsen. “The Wisconsin Association for Justice and its members are standing up for all Wisconsin citizens to ensure everyone in this state has the right to seek justice when a family member dies as a result of medical malpractice. The legal double standard should be removed.”

The list of co-authors and co-sponsors for AB 219 includes Representatives Richards, A. Williams, Kessler, Pope-Roberts, Sinicki, Mason, Toles, Cullen, Spanbauer, Roys, Berceau, Zepnick, Turner and Parisi and is cosponsored by Senators Plale, Hansen and Coggs. The same proposal, called SB 138 in the last legislative session, passed the State Senate with bipartisan support.

Posted @ 9:00 a.m.