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House File 31

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  147.140  LIMITATION ON
  1  2 NONECONOMIC DAMAGES.
  1  3    In a medical malpractice action in which liability is
  1  4 admitted or established, the present value of the damages
  1  5 awarded for noneconomic losses incurred or to be incurred in
  1  6 the future by the plaintiff by reason of personal injury or
  1  7 death shall not exceed two hundred fifty thousand dollars.
  1  8    Sec. 2.  NEW SECTION.  147.141  PRACTICE PARAMETERS &endash;
  1  9 DEFENSE.
  1 10    1.  As used in this section "practice parameters" means
  1 11 scientifically based medical practice guidelines articulating
  1 12 the appropriate standard of care for a particular diagnosis
  1 13 which are recognized and approved by the federal agency for
  1 14 health care policy and research, by a national medical
  1 15 society, or by a nationally recognized medical specialty
  1 16 society.
  1 17    2.  The board of medical examiners shall approve for use in
  1 18 this state practice parameters which have been determined to
  1 19 be scientifically and clinically sound.  The board shall
  1 20 publish a listing of currently approved practice parameters on
  1 21 a quarterly basis as a notice in the Iowa administrative
  1 22 bulletin.  The notice shall separately list previously
  1 23 approved practice parameters which have been withdrawn or
  1 24 superceded since the previous publication.
  1 25    3.  In any action for personal injury or wrongful death
  1 26 against a physician and surgeon, osteopath, or osteopathic
  1 27 physician and surgeon licensed by the board of medical
  1 28 examiners, or against a hospital licensed under chapter 135B,
  1 29 based upon the alleged negligence of the licensee in the
  1 30 practice of the licensee's profession or upon the alleged
  1 31 negligence of the hospital in patient care, adherence to a
  1 32 practice parameter adopted by the board of medical examiners
  1 33 shall be an absolute defense against an allegation that the
  1 34 provider did not comply with the appropriate standard of care.
  1 35    4.  Evidence of a departure from a practice parameter is
  2  1 admissible only on the issue of whether the provider is
  2  2 entitled to the absolute defense granted under subsection 3.
  2  3    5.  The defense created in this section is applicable to
  2  4 claims arising after the adoption of the applicable practice
  2  5 parameter.
  2  6    6.  This section shall not be construed to modify the
  2  7 standard or burden of proof in an action alleging a delay in
  2  8 diagnosis, a misdiagnosis, an inappropriate application of a
  2  9 practice parameter, failure to obtain informed consent,
  2 10 battery or other intentional tort, or product liability.
  2 11    Sec. 3.  Section 614.8, Code 1995, is amended to read as
  2 12 follows:
  2 13    614.8  MINORS AND MENTALLY ILL PERSONS.
  2 14    The Except for actions brought for medical malpractice, the
  2 15 times limited for actions herein, except those brought for
  2 16 penalties and forfeitures, shall be are extended in favor of
  2 17 minors and mentally ill persons, so that they shall have one
  2 18 year from and after the termination of such the disability
  2 19 within which to commence said an action.  The times limited
  2 20 for actions brought for medical malpractice are extended in
  2 21 favor of minors less than six years of age so that they have
  2 22 until their eighth birthday to commence an action.  
  2 23                           EXPLANATION
  2 24    This bill creates new section 147.140 which establishes a
  2 25 limitation on noneconomic damages in a medical malpractice
  2 26 action of $250,000.  The bill creates new section 147.141
  2 27 which provides for the approval of practice parameters as
  2 28 guidelines for physicians and surgeons, osteopaths and
  2 29 osteopathic physicians and surgeons, and for hospitals.  In an
  2 30 action for personal injury or wrongful death against such
  2 31 covered providers, adherence to such parameters is an absolute
  2 32 defense against an allegation that the provider did not comply
  2 33 with the appropriate standard of care.  The section provides
  2 34 that evidence of a departure from a practice parameter is
  2 35 admissible only on the issue of whether the provider is
  3  1 entitled to the absolute defense provided for in this section.
  3  2    Section 614.8 is amended to provide that a minor less than
  3  3 six years of age has until the minor's eighth birthday to
  3  4 bring an action for medical malpractice.  
  3  5 LSB 1387HH 76
  3  6 mk/jj/8
     
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