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