Read the full stored bill text
Wisconsin Legislature: AB1010: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB1010: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-0699/1
SWB:cdc
2025 ASSEMBLY BILL 1010
February 6, 2026 - Introduced by Representatives
Sinicki
,
Brown
,
Clancy
,
Goodwin
,
Kirsch
,
Ortiz-Velez
,
Stubbs
and
Taylor
, cosponsored by Senators
Drake
,
Ratcliff
,
Roys
and
Bradley
. Referred to Committee on Health, Aging and Long-Term Care.
AB1010,1,3
1
An Act
to amend
655.007;
to create
655.0165 of the statutes;
relating to:
2
claims for loss of society and companionship resulting from medical
3
malpractice.
Analysis by the Legislative Reference Bureau
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.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1010,1
1
Section
1
.
655.007 of the statutes is amended to read:
AB1010,2,5
2
655.007
Patients’ claims.
On and after July 24, 1975, any
Any
patient or
3
the patient’s representative having a claim or any spouse, parent, minor sibling
,
or
4
adult or minor
child of the patient having a derivative claim for injury or death on
5
account of malpractice is subject to this chapter.
AB1010,2
6
Section
2
.
655.0165 of the statutes is created to read:
AB1010,2,12
7
655.0165
Claim by minor or adult child for injury or death.
(1)
If a
8
parent is injured or dies as the result of medical malpractice, an adult child of the
9
parent for which any of the following is true or a minor child of the parent has a
10
cause of action for damages for loss of society and companionship and other
11
damages incurred by the minor or adult child against the person who committed
12
the medical malpractice:
AB1010,2,16
13
(a) The adult child has a disability and was, prior to the parent’s injury or
14
death, dependent on the injured or deceased parent for custodial, financial, or
15
emotional support for managing the basic or instrumental activities of daily living,
16
which the parent can no longer provide.
AB1010,3,4
17
(b) At the time of the parent’s injury or death, the adult child was enrolled in
1
a post-secondary education program, was dependent on the injured or deceased
2
parent for financial support, and lacks the independent means to support himself
3
or herself without financial support from the parent that is no longer available as a
4
result of the parent’s injury or death.
AB1010,3,6
5
(c) The adult child incurred out-of-pocket costs to pay for expenses resulting
6
from the medical malpractice, including any of the following:
AB1010,3,8
7
1. Medical or custodial care expenses for the injured or deceased parent
8
beginning from the time of the medical malpractice.
AB1010,3,10
9
2. Funeral or legal expenses incurred as a result of the injury or death of the
10
parent.
AB1010,3,11
11
(2)
This section does not affect any other claim available under this chapter.
AB1010,3
12
Section
3
. Initial applicability.
AB1010,3,14
13
(
1
) This act first applies to a cause of action arising on the effective date of this
14
subsection.
AB1010,3,15
15
(end)
Down
Down
/2025/related/proposals/ab1010
true
proposaltext
/2025/related/proposals/ab1010
proposaltext/2025/REG/AB1010
proposaltext/2025/REG/AB1010
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB1010: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting