Text: HSB00148 Text: HSB00150 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. FINDINGS. The general assembly finds that the 1 2 exception to the general statute of limitations provided 1 3 minors in section 614.8, Code 1997, impedes efforts of the 1 4 state to make maternal and child health care widely available 1 5 in order to provide for the health and welfare of children and 1 6 pregnant women of this state. Because providers of health 1 7 care rendering services to children and pregnant women remain 1 8 liable to claims made by the children involved for as long as 1 9 nineteen years after the service is rendered, or even longer 1 10 if the child claims the injury was prenatal, a disincentive 1 11 results for the provision of these services. The long period 1 12 of limitation influences medical students not to pursue 1 13 obstetrical and pediatric practices and physicians practicing 1 14 in those areas to cease practice many years in advance of 1 15 normal retirement in order to avoid defending claims during 1 16 their advanced years. Such influence has exhibited itself in 1 17 the less populated areas of the state where these medical 1 18 services are in dangerously short supply. Because of the 1 19 extended period of limitation provided minors, a significant 1 20 number of primary care physicians have stopped providing 1 21 obstetrical services. These trends also have an adverse 1 22 impact upon the state's efforts to provide for the economic 1 23 development of less populated areas of the state. The 1 24 shortage of physicians providing obstetrical care in those 1 25 areas is a significant impediment to attracting new economic 1 26 activity. Available data show that nearly all such claims are 1 27 brought within eight years of occurrence. Claims brought 1 28 after such a passage of time would logically be very difficult 1 29 to prove or defend successfully. Fading of memories, the 1 30 absence of records, and changes in the standard of care make 1 31 litigating claims after such a period prohibitively expensive 1 32 and difficult. Public policy should encourage claimants to 1 33 bring claims within a more reasonable period of time when 1 34 there is greater likelihood of success. Providers of health 1 35 care, to the extent that a reasonable period of limitation can 2 1 provide protection, should be relieved of concern that they or 2 2 their estates could be placed in the position of having to 2 3 defend actions based upon events that occurred many years in 2 4 the past. The general assembly recognizes the potentially 2 5 conflicting public interests between access to the courts and 2 6 access to health care and finds that the state has a 2 7 compelling interest in access to health care which must be 2 8 paramount in furtherance of the government's obligation to 2 9 provide for the general health and welfare of its citizens. 2 10 These findings relate only to Code section 614.8 as amended in 2 11 this Act. 2 12 Sec. 2. FINDINGS. The general assembly finds that in 2 13 civil actions the amount of noneconomic damages awarded a 2 14 successful party varies widely from case-to-case without any 2 15 rational basis by which to justify the difference in amounts 2 16 awarded in similar cases. As a result, great uncertainty 2 17 exists in civil actions regarding the potential value of a 2 18 claim for noneconomic damages. This uncertainty causes 2 19 excessive delays in compensation to worthy parties, 2 20 constitutes a disincentive for compromise, greatly prolongs 2 21 the time and expense involved in litigating claims, restrains 2 22 economic expansion, and adversely affects competitiveness. 2 23 Because no economic basis exists for calculating an award for 2 24 noneconomic damages, noneconomic damages are not subject to 2 25 testing against marketplace values. As a result, such 2 26 noneconomic damage awards are necessarily based upon the 2 27 emotional reaction of a jury or court to a particular party 2 28 and the plight of that party without any rational economic 2 29 basis for the amount of compensation. 2 30 The general assembly further finds that it should exercise 2 31 its authority and determine the maximum amount of an award for 2 32 noneconomic damage in civil actions. By so acting the general 2 33 assembly can eliminate a significant element of uncertainty in 2 34 the civil litigation process and thereby enhance the 2 35 credibility of the state's civil justice system, reduce the 3 1 burden on the courts, and expedite the process whereby civil 3 2 actions are compromised and just compensation rendered. These 3 3 findings relate only to Code section 668B.1 as enacted in this 3 4 Act. 3 5 Sec. 3. Section 147.139, Code 1997, is amended to read as 3 6 follows: 3 7 147.139 EXPERT WITNESS STANDARDS. 3 8 If the standard of care given by a physician and surgeon 3 9 licensed pursuant to chapter 148, or osteopathic physician and 3 10 surgeon licensed pursuant to chapter 150A, or a dentist 3 11 licensed pursuant to chapter 153, is at issue, the court shall 3 12 only allow a person to qualify as an expert witness and to 3 13 testify on the issue of the appropriate standard of care if 3 14 the person's medical or dental qualifications relate directly 3 15 to the medical problem or problems at issue and the type of 3 16 treatment administered in the case and the person is licensed 3 17 by the same examining board as the licensee whose standard of 3 18 care is at issue. 3 19 Sec. 4. Section 535.3, Code 1997, is amended to read as 3 20 follows: 3 21 535.3 INTEREST ON JUDGMENTS AND DECREES. 3 221.Interest shall be allowed on all money due on judgments 3 23 and decrees of courtsat the rate of ten percent per year,3 24unless aas follows: 3 25 1. At a rate equal to the coupon issue yield equivalent, 3 26 as determined by the United States secretary of the treasury, 3 27 of the average accepted auction price for the last auction of 3 28 fifty-two-week United States treasury bills settled 3 29 immediately prior to the date of the judgment. 3 30 2. A different rate which is fixed by the contract on 3 31 which the judgment or decree is rendered, in which case the 3 32 judgment or decree shall draw interest at the rate expressed 3 33 in the contract, not exceeding the maximum applicable rate 3 34 permitted by the provisions of section 535.2, which rate must 3 35 be expressed in the judgment or decree. 4 1 3. The state court administrator shall distribute notice 4 2 monthly of the rate set under subsection 1 and any changes to 4 3 that rate to all district courts. 4 4 4. The interest shall accrue from the date of the 4 5 commencement of the action, except as otherwise provided in 4 6 subsection35. 4 72. This section does not apply to the award of interest4 8for judgments and decrees subject to section 668.13.4 93.5. Interest on periodic payments for child, spousal, or 4 10 medical support shall not accrue until thirty days after the 4 11 payment becomes due and owing. 4 12 Sec. 5. Section 614.1, Code 1997, is amended by adding the 4 13 following new subsection: 4 14 NEW SUBSECTION. 2A. WITH RESPECT TO PRODUCTS. Those 4 15 founded on the death of the person or injuries to the person 4 16 or property brought against the manufacturer, assembler, 4 17 designer, supplier of specifications, seller, or distributor 4 18 of a product based upon an alleged defect in the design, 4 19 inspection, testing, manufacturing, formulation, marketing, 4 20 packaging, warning, labeling of the product, or any other 4 21 alleged defect or failure of whatever nature or kind, based on 4 22 the theories of strict liability in tort, negligence, or 4 23 breach of an implied warranty shall not be commenced more than 4 24 ten years after the product was first purchased, leased, 4 25 bailed, or installed for use or consumption. This subsection 4 26 shall not affect the time during which a person found liable 4 27 may seek and obtain contribution or indemnity from another 4 28 person whose actual fault caused a product to be defective. 4 29 Sec. 6. Section 614.1, subsection 9, Code 1997, is amended 4 30 to read as follows: 4 31 9. MALPRACTICE. a.ThoseExcept as provided in paragraph 4 32 "b", those founded on injuries to the person or wrongful death 4 33 against any physician and surgeon, osteopath, osteopathic 4 34 physician and surgeon, dentist, podiatric physician, 4 35 optometrist, pharmacist, chiropractor, or nurse, licensed 5 1 under chapter 147, or a hospital licensed under chapter 135B, 5 2 arising out of patient care, within two years after the date 5 3 on which the claimant knew, or through the use of reasonable 5 4 diligence should have known, or received notice in writing of 5 5 the existence of, the injury or death for which damages are 5 6 sought in the action, whichever of the dates occurs first, but 5 7 in no event shall any action be brought more than six years 5 8 after the date on which occurred the act or omission or 5 9 occurrence alleged in the action to have been the cause of the 5 10 injury or death unless a foreign object unintentionally left 5 11 in the body caused the injury or death. 5 12 b. An action brought pursuant to paragraph "a" on behalf 5 13 of a minor who was under the age of six years when the act, 5 14 omission, or occurrence alleged in the action occurred, shall 5 15 be commenced no later than the minor's eighth birthday. 5 16 Sec. 7. Section 614.1, subsection 11, Code 1997, is 5 17 amended to read as follows: 5 18 11. IMPROVEMENTS TO REAL PROPERTY. In addition to 5 19 limitations contained elsewhere in this section, an action 5 20 arising out of the unsafe or defective condition of an 5 21 improvement to real property based on tort and implied 5 22 warranty and for contribution and indemnity, and founded on 5 23 injury to property, real or personal, or injury to the person 5 24 or wrongful death, shall not be brought more thanfifteen5 25 eight years after the date on which occurred the act or 5 26 omission of the defendant alleged in the action to have been 5 27 the cause of the injury or death. However, this subsection 5 28 does not bar an action against a person solely in the person's 5 29 capacity as an owner, occupant, or operator of an improvement 5 30 to real property. 5 31 Sec. 8. Section 614.1, Code 1997, is amended by adding the 5 32 following new subsection: 5 33 NEW SUBSECTION. 14. FINANCIAL EXAMINATION AND REPORTING 5 34 – TAX RETURN PREPARATION AND ADVICE. Those arising out of 5 35 the following acts or omissions within three years after the 6 1 date on which the claimant knew of, or through the use of 6 2 reasonable diligence should have known of, or received notice 6 3 in writing of the existence of, the injury for which damages 6 4 are sought in the action, whichever of the dates occurs first, 6 5 but in no event shall any action be brought more than six 6 6 years after the date on which occurred the act, omission, or 6 7 occurrence alleged in the action to have been the cause of the 6 8 injury: 6 9 a. The performance or nonperformance of a financial audit, 6 10 financial examination, financial opinion, financial 6 11 projection, financial report, or preparation of a financial 6 12 statement. 6 13 b. The examination, compilation, review, certification, or 6 14 audit of financial information. 6 15 c. The performance or nonperformance of other accounting 6 16 services. 6 17 d. Tax return preparation and advice. 6 18 Sec. 9. Section 614.8, Code 1997, is amended to read as 6 19 follows: 6 20 614.8 MINORS AND PERSONS WITH MENTAL ILLNESS. 6 21 a. The times limited for actionshereinin this chapter, 6 22 except those brought for penalties and forfeitures,shall be6 23 are extended in favor ofminors andpersons with mental 6 24 illness, so that they shall have one year from and after the 6 25 termination ofsuchthe disability within which to commence 6 26saidan action. 6 27 b. Except as provided in section 614.1, subsection 9, the 6 28 times limited for actions in this chapter, except those 6 29 brought for penalties and forfeitures, are extended in favor 6 30 of minors, so that they shall have one year from and after 6 31 attainment of majority within which to commence an action. 6 32 Sec. 10. Section 622.10, Code 1997, is amended to read as 6 33 follows: 6 34 622.10 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE – 6 35 EXCEPTIONS – REQUIRED CONSENT TO RELEASE OF MEDICAL RECORDS 7 1 – APPLICATION TO COURT. 7 2 1. A practicing attorney, counselor, physician, surgeon, 7 3 physician assistant, mental health professional, or the 7 4 stenographer or confidential clerk of any such person, who 7 5 obtains information by reason of the person's employment, or a 7 6 member of the clergy shall not be allowed, in giving 7 7 testimony, to disclose any confidential communication properly 7 8 entrusted to the person in the person's professional capacity, 7 9 and necessary and proper to enable the person to discharge the 7 10 functions of the person's office according to the usual course 7 11 of practice or discipline. 7 12 2. The prohibition does not apply to cases where the 7 13 person in whose favor the prohibition is made waives the 7 14 rights conferred; nor does the prohibition apply to physicians 7 15 or surgeons, physician assistants, mental health 7 16 professionals, or to the stenographer or confidential clerk of 7 17 any physicians or surgeons, physician assistants, or mental 7 18 health professionals, in a civil action in which the condition 7 19 of the person in whose favor the prohibition is made is an 7 20 element or factor of the claim or defense of the person or of 7 21 any party claiming through or under the person. The evidence 7 22 is admissible upon trial of the action only as it relates to 7 23 the condition alleged. 7 24 3. a. If a written request is made to a physician or 7 25 surgeon, physician assistant, or mental health professional by 7 26 an adverse party for the patient records of a plaintiff in a 7 27 civil action in which the condition of the plaintiff in whose 7 28 favor the prohibition is made is an element or factor of the 7 29 claim or a defense of the adverse party or of any party 7 30 claiming through or under the adverse party, and the records 7 31 relate to the condition alleged, the physician or surgeon, 7 32 physician assistant, or mental health professional shall 7 33 notify the plaintiff of the request and the plaintiff shall 7 34 sign a consent within twenty-eight days of receipt of the 7 35 notification, authorizing the physician or surgeon, physician 8 1 assistant, or mental health professional to do all of the 8 2 following: 8 3 (1) Provide a complete copy of the patient's records, 8 4 including but not limited to any reports of third parties or X 8 5 rays relating to the condition. 8 6 (2) Allow the adverse party to review the original patient 8 7 records relating to the condition alleged. 8 8 (3) Review other health care records, films, and documents 8 9 relating to the condition alleged and furnished by the 8 10 attorney of the adverse party, prior to providing testimony. 8 11 (4) Confer with the attorney of the adverse party prior to 8 12 providing testimony regarding the plaintiff's medical history 8 13 and the condition alleged, opinions regarding health etiology 8 14 and prognosis for the condition alleged, and opinions 8 15 regarding the care provided to the plaintiff by other health 8 16 care providers for the condition alleged. 8 17 b. If a plaintiff fails to sign a consent within the 8 18 prescribed time period, or if a physician or surgeon, 8 19 physician assistant, or mental health professional fails to 8 20 comply with the request, the court may order disclosure or 8 21 compliance or the failure may be grounds for dismissal of the 8 22 action. 8 23 4. If an adverse party desires the oral deposition, either 8 24 discovery or evidentiary, of a physician or surgeon, physician 8 25 assistant, or mental health professional to which the 8 26 prohibition would otherwise apply or the stenographer or 8 27 confidential clerk of a physician or surgeon, physician 8 28 assistant, or mental health professional or desires to call a 8 29 physician or surgeon, physician assistant, or mental health 8 30 professional to which the prohibition would otherwise apply or 8 31 the stenographer or confidential clerk of a physician or 8 32 surgeon, physician assistant, or mental health professional as 8 33 a witness at the trial of the action, the adverse party shall 8 34 file an application with the court for permission to do so. 8 35 The court upon hearing, which shall not be ex parte, shall 9 1 grant permission unless the court finds that the evidence 9 2 sought does not relate to the condition alleged and shall fix 9 3 a reasonable fee to be paid to the physician or surgeon, 9 4 physician assistant, or mental health professional by the 9 5 party taking the deposition or calling the witness. 9 6 5. For the purposes of this section, "mental health 9 7 professional" means a psychologist licensed under chapter 9 8 154B, a registered nurse licensed under chapter 152, a social 9 9 worker licensed under chapter 154C, a marital and family 9 10 therapist licensed under chapter 154D, a mental health 9 11 counselor licensed under chapter 154D, or an individual 9 12 holding at least a master's degree in a related field as 9 13 deemed appropriate by the board of behavioral science 9 14 examiners. 9 15 6.NoA qualified school guidance counselor, who has met 9 16 the certification and accreditation standards of the 9 17 department of education as provided in section 256.11, 9 18 subsection 10, who obtains information by reason of the 9 19 counselor's employment as a qualified school guidance 9 20 counselor shall not be allowed, in giving testimony, to 9 21 disclose any confidential communications properly entrusted to 9 22 the counselor by a pupil or the pupil's parent or guardian in 9 23 the counselor's capacity as a qualified school guidance 9 24 counselor and necessary and proper to enable the counselor to 9 25 perform the counselor's duties as a qualified school guidance 9 26 counselor. 9 27 Sec. 11. Section 624.18, Code 1997, is amended to read as 9 28 follows: 9 29 624.18DISTINCTION BETWEEN DEBT ANDDESIGNATION AND 9 30 CALCULATION OF DAMAGES. 9 31 1. In all actions where the plaintiff recovers a sum of 9 32 money, the amount to which the plaintiff is entitled may be 9 33 awarded the plaintiff by the judgment generally, without any 9 34 distinction being therein made as to whether such sum is 9 35 recovered by way of debt or damages. 10 1 2. In all personal injury actions where the plaintiff 10 2 recovers a sum of money that, according to special verdict, is 10 3 intended, in whole or in part, to address the future damages 10 4 of the plaintiff, that portion of the judgment that reflects 10 5 the future damages shall be adjusted by the court to reflect 10 6 the present value of the sum, if the finder of fact has not 10 7 already adjusted the sum to reflect the present value. The 10 8 court may inquire of the jury whether the calculation of 10 9 future damages reflects adjustment for present value. 10 10 Sec. 12. Section 668.3, subsection 1, Code 1997, is 10 11 amended to read as follows: 10 12 1. a. Contributory fault shall not bar recovery in an 10 13 action by a claimant to recover damages for fault resulting in 10 14 death or in injury to person or property unless the claimant 10 15 bears a greater percentage of fault than the combined 10 16 percentage of fault attributed to the defendants, third-party 10 17 defendants and persons who have been released pursuant to 10 18 section 668.7, but any damages allowed shall be diminished in 10 19 proportion to the amount of fault attributable to the 10 20 claimant. 10 21 b. Contributory fault shall not bar recovery in an action 10 22 by a claimant to recover damages for loss of services, 10 23 companionship, society, or consortium, unless the fault 10 24 attributable to the person whose injury or death provided the 10 25 basis for the damages is greater in percentage than the 10 26 combined percentage of fault attributable to the defendants, 10 27 third-party defendants, and persons who have been released 10 28 pursuant to section 668.7, but any damages allowed shall be 10 29 diminished in proportion to the amount of fault attributable 10 30 to the person whose injury or death provided the basis for the 10 31 damages. 10 32 Sec. 13. Section 668.3, subsection 2, paragraph b, Code 10 33 1997, is amended to read as follows: 10 34 b. The percentage of the total fault allocated to each 10 35 claimant, defendant, third-party defendant,andperson who has 11 1 been released from liability under section 668.7, and injured 11 2 or deceased person whose injury or death provides a basis for 11 3 a claim to recover damages for loss of consortium, services, 11 4 companionship, or society. For this purpose the court may 11 5 determine that two or more persons are to be treated as a 11 6 single party. 11 7 Sec. 14. Section 668.3, subsection 8, Code 1997, is 11 8 amended to read as follows: 11 9 8. In an action brought pursuant to this chapter the court 11 10 shall instruct the jury to answer special interrogatories or, 11 11 if there is no jury, shall make findings on each specific item 11 12 of requested or awarded damages indicating that portion of the 11 13 judgment or decree awarded for past damages and that portion 11 14 of the judgment or decree awarded for future damages. All 11 15 awards of future damages shall be calculated according to the 11 16 method set forth in section 624.18. 11 17 Sec. 15. NEW SECTION. 668.3A IMMUNITY DUE TO MISUSE, 11 18 FAILURE TO MAINTAIN, OR ALTERATION. 11 19 Notwithstanding any other provisions of the Code, in an 11 20 action seeking recovery of damages for personal injury, death, 11 21 or property damage alleged to have been caused by a product, 11 22 no fault shall be allocated to a manufacturer, assembler, 11 23 designer, supplier of specifications, seller, or distributor, 11 24 where the primary cause of the injury was a misuse of the 11 25 product by the plaintiff or some third person or was a failure 11 26 to properly maintain, service, or repair the product or was 11 27 due to an alteration, modification, or change in the product 11 28 which was made by a person other than, and without the 11 29 direction or consent of, the manufacturer, assembler, 11 30 designer, supplier of specifications, seller, or distributor 11 31 from whom recovery of damages is being sought. This 11 32 allocation of no fault shall apply whether or not any of the 11 33 conduct described in this section was foreseeable. 11 34 Sec. 16. Section 668.4, Code 1997, is amended to read as 11 35 follows: 12 1 668.4 JOINT AND SEVERAL LIABILITY. 12 2 In actions brought under this chapter, the rule of joint 12 3 and several liability shall not applyto defendants who are12 4found to bear less than fifty percent of the total fault12 5assigned to all parties. 12 6 Sec. 17. Section 668.13, Code 1997, is amended to read as 12 7 follows: 12 8 668.13 INTEREST ON JUDGMENTS. 12 9 Interest shall be allowed on all money due on judgments and 12 10 decrees on actions brought pursuant to this chapter, subject 12 11 to the following: 12 12 1. Interest, except interest awarded for future damages, 12 13 shall accrue from the date of the commencement of the action. 12 14 2. If the interest rate is fixed by a contract on which 12 15 the judgment or decree is rendered, the interest allowed shall 12 16 be at the rate expressed in the contract, not exceeding the 12 17 maximum rate permitted under section 535.2. 12 18 3. Interest shall be calculated as of the date of judgment 12 19at a rate equal to the coupon issue yield equivalent, as12 20determined by the United States secretary of the treasury, of12 21the average accepted auction price for the last auction of12 22fifty-two week United States treasury bills settled12 23immediately prior to the date of the judgmentpursuant to 12 24 section 535.3, subsection 1. The state court administrator 12 25 shall distribute notice monthly of that rate and any changes 12 26 to that rate to all district courts. 12 27 4. Interest awarded for future damages shall not begin to 12 28 accrue until the date of the entry of the judgment. 12 29 5. Interest shall be computed daily to the date of the 12 30 payment, except as may otherwise be ordered by the court 12 31 pursuant to a structured judgment under section 668.3, subsec- 12 32 tion 7. 12 33 6. Structured, periodic, or other nonlump-sum payments 12 34 ordered pursuant to section 668.3, subsection 7, shall reflect 12 35 interest in accordance with annuity principles. 13 1 Sec. 18. NEW SECTION. 668B.1 LIMITATION ON NONECONOMIC 13 2 DAMAGES. 13 3 1. In a civil action in which liability is admitted or 13 4 established, the present value of the damages awarded for 13 5 noneconomic losses incurred or to be incurred in the future by 13 6 the plaintiff by reason of personal injury or death, shall not 13 7 exceed two hundred fifty thousand dollars. As used in this 13 8 section, "noneconomic losses" shall include but not be limited 13 9 to pain and suffering, mental anguish, emotional distress, 13 10 humiliation, loss of consortium, lost opportunity, loss of 13 11 expectations, and punitive or exemplary damages. 13 12 2. In an action tried to a jury where damages for 13 13 noneconomic losses are sought, the court shall submit an 13 14 instruction to the jury that the maximum allowable award 13 15 allowed by law for noneconomic losses in a case of the most 13 16 egregious nature is two hundred fifty thousand dollars and 13 17 that the damages awarded in the case before them for 13 18 noneconomic damages shall be made in proportion thereto based 13 19 on the egregiousness of the loss if liability for such losses 13 20 is established. A separate interrogatory verdict form shall 13 21 be submitted for the return of noneconomic damages unless all 13 22 parties waive this requirement. 13 23 Sec. 19. Section 228.9, Code 1997, is repealed. 13 24 EXPLANATION 13 25 This bill makes two sets of legislative findings. First, 13 26 relating to Code section 614.8, the bill states the need for a 13 27 shortened statute of limitations for medical malpractice 13 28 actions involving minors who are injured under the age of six. 13 29 Second, relating to new Code section 668B.1, the bill states 13 30 that the workloads in the civil courts and the credibility of 13 31 Iowa's civil justice system both require the general assembly 13 32 to determine a maximum amount allowable for an award of 13 33 noneconomic damages in any civil action. 13 34 Code section 147.139 is amended to require that in a 13 35 medical liability case, experts testifying as to the standards 14 1 of care must be licensed by the examining board that licenses 14 2 the person whose standard of care is at issue. 14 3 Code section 535.3 is amended to provide that the rate of 14 4 interest on judgments and decrees is to be equal to the coupon 14 5 issue rate of a 52-week United States treasury bill unless a 14 6 different issue rate is set by contract and expressed in the 14 7 judgment or decree. The bill also amends Code section 668.13 14 8 to refer to the method of calculating interest used in Code 14 9 section 535.3. Currently, Code section 668.13 contains the 14 10 same interest rate formula as is adopted in amended Code 14 11 section 535.3. 14 12 Code section 614.1 is amended to provide that the statute 14 13 of limitations for a products liability action brought against 14 14 the manufacturer, assembler, designer, supplier of 14 15 specifications, seller, or distributor of a product is 10 14 16 years from the date the product is first purchased, leased, 14 17 bailed, or otherwise installed for use or consumption. 14 18 Code sections 614.1 and 614.8 are amended to provide that 14 19 the time period for commencing an action for medical 14 20 malpractice for a minor under six years of age when the act, 14 21 omission, or occurrence alleged in the action occurred, is 14 22 extended to the minor's eighth birthday. For a minor six 14 23 years of age or older when such an act, omission, or 14 24 occurrence alleged in an action occurred, Code section 614.1 14 25 would generally allow the commencement of an action within two 14 26 years after the date on which the claimant knew, or through 14 27 reasonable diligence should have known, or received notice of 14 28 the injury or death, but in no event more than six years after 14 29 the date on which occurred the act, omission, or occurrence 14 30 alleged in the action, unless a foreign object was 14 31 unintentionally left in the body. 14 32 Code section 614.1 is also amended to change the statute of 14 33 limitations for claims involving the defective or unsafe 14 34 condition of an improvement to real property from 15 years to 14 35 eight years after the date of the act or omission on which the 15 1 claim is based. 15 2 Code section 614.1 is also amended to provide for a statute 15 3 of limitations for claims involving the performance or 15 4 nonperformance of accounting services and tax return 15 5 preparation and advice of three years from the date of the 15 6 injury or the date of the reasonable discovery or notice of 15 7 the injury, provided the claims are filed no later than six 15 8 years from the time the alleged act, omission, or occurrence 15 9 causing the injury actually took place. 15 10 Code section 622.10 is amended to provide a procedure for 15 11 the furnishing of a plaintiff's patient records by a physician 15 12 or surgeon, physician assistant, or mental health professional 15 13 to an adverse party in a civil action in which the condition 15 14 of the plaintiff is an element or factor of the claim or is a 15 15 defense of the adverse party or of any party claiming through 15 16 or under the adverse party, if the record relates to the 15 17 condition alleged. The bill provides that if a request for 15 18 patient records is made, the plaintiff shall sign a consent 15 19 form within 28 days of the receipt of notification by the 15 20 physician or surgeon, physician assistant, or mental health 15 21 professional of the written request authorizing the physician 15 22 or surgeon, physician assistant, or mental health professional 15 23 to do all of the following: provide a complete copy of the 15 24 patient's records; allow the adverse party to review the 15 25 original patient record; review other records, films, and 15 26 documents relating to the alleged condition; and confer with 15 27 the adverse party's attorney regarding the patient's medical 15 28 history, the etiology and prognosis for the condition alleged, 15 29 and opinions of other health care professionals regarding the 15 30 condition alleged. If the plaintiff fails to sign the consent 15 31 form within the 28-day period, the court may order disclosure 15 32 or compliance with the requirements or may dismiss the action. 15 33 Code sections 624.18 and 668.3 are amended to specify that 15 34 calculations of future damages awarded in personal injury 15 35 actions must be adjusted to reflect present value. 16 1 Code section 668.3 is also amended to provide that the 16 2 percentage of fault assigned to the person whose death or 16 3 injury gave rise to a consortium claim shall apply to reduce 16 4 or bar a judgment for loss of consortium. 16 5 New Code section 668.3A is enacted to provide that, in a 16 6 products liability action, where misuse, failure to maintain, 16 7 or unauthorized alteration of a product is the primary cause 16 8 of injury, the manufacturer, assembler, designer, wholesaler, 16 9 retailer, or distributor from whom recovery of damages is 16 10 being sought shall not have any percentage of fault allocated 16 11 against them under Iowa's comparative fault law, whether or 16 12 not the conduct was foreseeable. 16 13 Code section 668.4 is amended to eliminate joint and 16 14 several liability in comparative fault actions. Currently, 16 15 joint and several liability exists only in the event that a 16 16 defendant is found to bear at least 50 percent of the total 16 17 fault assigned to all parties. 16 18 New Code section 668B.1 is enacted to provide that 16 19 noneconomic damages awards in civil actions shall not exceed 16 20 $250,000. The bill requires that a jury instruction must be 16 21 given on the noneconomic damages limitation stating that only 16 22 the most egregious case warrants the maximum award. Also, a 16 23 separate interrogatory verdict form regarding noneconomic 16 24 damages shall be submitted to the jury, unless waived by the 16 25 parties. 16 26 Code section 228.9 is repealed. That section prohibits the 16 27 disclosure of psychological test material information to any 16 28 person, including the individual who is the subject of the 16 29 test, but provides that the subject of the test may request 16 30 that the material be disclosed to a licensed psychologist. 16 31 LSB 1582HC 77 16 32 tm/sc/14
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