Text: SF02088 Text: SF02090 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 614.8, Code 1995, is amended to read as
1 2 follows:
1 3 614.8 MINORS AND MENTALLY ILL PERSONS – MEDICAL
1 4 MALPRACTICE EXCEPTION.
1 5 The times limited for actions herein, except those brought
1 6 for penalties and forfeitures, shall be extended in favor of
1 7 minors and mentally ill persons, so that they shall have one
1 8 year from and after the termination of such disability within
1 9 which to commence said action. However, the times limited for
1 10 actions for medical malpractice under section 614.1,
1 11 subsection 9, shall be extended in favor of minors to not more
1 12 than eight years after the date the malpractice is alleged to
1 13 have occurred, unless the action is based upon a foreign
1 14 object unintentionally left in the body.
1 15 Sec. 2. Section 668.3, Code 1995, is amended by adding the
1 16 following new subsection:
1 17 NEW SUBSECTION. 1A. In an action brought under this
1 18 chapter, a plaintiff shall not receive an award for
1 19 noneconomic damages of more than two hundred fifty thousand
1 20 dollars.
1 21 Sec. 3. Section 668.3, subsection 2, paragraph a, Code
1 22 1995, is amended to read as follows:
1 23 a. The amount of damages each claimant will be entitled to
1 24 recover if contributory fault is disregarded. In making the
1 25 findings required by this paragraph, a claimant shall not be
1 26 entitled to receive noneconomic damages of more than two
1 27 hundred fifty thousand dollars.
1 28 EXPLANATION
1 29 The bill provides that an action for medical malpractice
1 30 allegedly committed on a minor must be commenced not later
1 31 than eight years after the date the malpractice allegedly
1 32 occurred. Currently, a minor has at least until age 19 to
1 33 commence an action for medical malpractice.
1 34 The bill also establishes a limit of $250,000 on
1 35 noneconomic damages which may be awarded a party in a tort
2 1 action.
2 2 LSB 3319XS 76
2 3 mk/cf/24
Text: SF02088 Text: SF02090 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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