Senate File 2218 - Introduced



                                  SENATE FILE       
                                  BY  BRUNKHORST, TINSMAN, ZAUN, BOETTGER,
                                      WIECK, MULDER, PUTNEY, McKINLEY,
                                      JOHNSON, SEYMOUR, BEHN, IVERSON,
                                      LAMBERTI, McKIBBEN, HAHN, ANGELO,
                                      and ZIEMAN



    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to an award of noneconomic damages in a medical
  2    malpractice action.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5711XS 81
  5 rh/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  147.141  LIMITATION ON
  1  2 NONECONOMIC DAMAGES.
  1  3    1.  In an action for personal injury or wrongful death
  1  4 against a physician and surgeon, osteopath, osteopathic
  1  5 physician and surgeon, dentist, podiatrist, optometrist,
  1  6 pharmacist, chiropractor, or nurse licensed under this
  1  7 chapter, based on the alleged negligence of the practitioner
  1  8 in the practice of that profession or occupation, or against a
  1  9 hospital licensed under chapter 135B, based on the alleged
  1 10 negligence of the hospital in patient care, in which liability
  1 11 is admitted or established, an award of noneconomic damages
  1 12 shall not exceed five hundred thousand dollars.
  1 13    2.  For purposes of this section, "noneconomic damages"
  1 14 means nonpecuniary losses that would not have occurred but for
  1 15 the injury or death giving rise to the cause of action,
  1 16 including pain and suffering, inconvenience, physical
  1 17 impairment, mental anguish, loss of capacity for enjoyment of
  1 18 life, and any other nonpecuniary losses.
  1 19                           EXPLANATION
  1 20    This bill provides that an award of noneconomic damages in
  1 21 an action for personal injury or wrongful death against a
  1 22 physician and surgeon, osteopath, osteopathic physician and
  1 23 surgeon, dentist, podiatrist, optometrist, pharmacist,
  1 24 chiropractor, or nurse licensed under Code chapter 147, based
  1 25 on the alleged negligence of the practitioner in the practice
  1 26 of that profession or occupation, or against a hospital
  1 27 licensed under Code chapter 135B, based on the alleged
  1 28 negligence of the hospital in patient care, in which liability
  1 29 is admitted or established, shall not exceed $500,000.
  1 30 "Noneconomic damages" is defined as nonpecuniary losses that
  1 31 would not have occurred but for the injury giving rise to the
  1 32 cause of action, including pain and suffering, inconvenience,
  1 33 physical impairment, mental anguish, loss of capacity for
  1 34 enjoyment of life, and any other nonpecuniary losses.
  1 35 LSB 5711XS 81
  2  1 rh:rj/je/5