Jelinek v. St. Paul Fire & Casualty Insurance

This case presents two issues for review:

1) In a medical malpractice action involving death that is commenced after January 1,1991 — when the limitation on damages from secs. 655.017 1 and 893.55(4), 2 Stats., expired — is a plaintiffs recovery for loss of society and companionship unlimited, or rather is this recovery limited to $50,000 by sec. 895.04, 3 of the wrongful death statute?

2) In a medical malpractice action involving death that is commenced after January 1, 1991, may the minor children of the patient who dies as a result of the malpractice maintain separate causes of action for…