Statute of Limitation Reduction Act Exposed

The Statute of Limitation Reduction Act is listed under ALEC's Health and Human Services Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This bill would make it harder to sue doctors who negligently cause injuries, illness, or death. It requires that a lawsuit be filed within two years after an injury or illness is discovered or within one year after death occurs. In Wisconsin, the statute of limitation is three years for both injury/illness and death. It also applies this shorter time limit to children and people with limited mental capacity.

ALEC Bill Text

Summary

The Statute of Limitation Reduction Act provides that a plaintiff must commence a course of action within two years of the time that the injury, illness, disease, disability, or death are discovered or, in the exercise of reasonable diligence, should have been discovered by the plaintiff.

Model Legislation

{Title, enacting clause, etc.}

Section 1. This Act shall be known and may be cited as the Statute of Limitation Reduction Act.

Section 2. {Limitation Period.} In any action for:

(A) Personal physical injury, illness, or death;

(B) Mental anguish or emotional harm;

(C) Wrongful death; or

(D) Any loss of consortium or services or other loss deriving from any type of harm described in Subsections (A), (B), (C), the plaintiff must commence a cause of action within two years of the time that the injury, disease, disability, or death and the cause of the injury, disease, disability, or death are discovered or, in the exercise of reasonable diligence, should have been discovered by the plaintiff.

Section 3. {Legal Disability.}

The time limitations in this Act shall apply to all persons, regardless of minority or other legal disability.

Section 4. {Severability Clause.}

Section 5. {Repealer Clause.}

Section 6. {Effective Date.}

1995 Sourcebook of American State Legislation