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Senate Study Bill 71

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  147.145  LIMITATION ON
  1  2 NONECONOMIC DAMAGES.
  1  3    In any action for personal injury or wrongful death against
  1  4 any physician and surgeon, osteopath, osteopathic physician
  1  5 and surgeon, dentist, podiatrist, optometrist, pharmacist,
  1  6 chiropractor, or nurse licensed under this chapter or against
  1  7 any hospital licensed under chapter 135B, based upon the
  1  8 alleged negligence of the licensee in the practice of that
  1  9 profession or occupation, or upon the alleged negligence of
  1 10 the hospital in patient care, in which liability is admitted
  1 11 or established, the present value of the damages awarded for
  1 12 noneconomic losses incurred or to be incurred in the future by
  1 13 the plaintiff by reason of personal injury or death shall not
  1 14 exceed two hundred fifty thousand dollars.
  1 15    Sec. 2.  Section 614.1, subsection 9, Code 1997, is amended
  1 16 to read as follows:
  1 17    9.  MALPRACTICE.
  1 18    a.  Those Except as provided in paragraph "b", those
  1 19 founded on injuries to the person or wrongful death against
  1 20 any physician and surgeon, osteopath, osteopathic physician
  1 21 and surgeon, dentist, podiatric physician, optometrist,
  1 22 pharmacist, chiropractor, or nurse, licensed under chapter
  1 23 147, or a hospital licensed under chapter 135B, arising out of
  1 24 patient care, within two years after the date on which the
  1 25 claimant knew, or through the use of reasonable diligence
  1 26 should have known, or received notice in writing of the
  1 27 existence of, the injury or death for which damages are sought
  1 28 in the action, whichever of the dates occurs first, but in no
  1 29 event shall any action be brought more than six years after
  1 30 the date on which occurred the act or omission or occurrence
  1 31 alleged in the action to have been the cause of the injury or
  1 32 death unless a foreign object unintentionally left in the body
  1 33 caused the injury or death.
  1 34    b.  An action brought pursuant to paragraph "a" on behalf
  1 35 of a minor who was under the age of six years when the act,
  2  1 omission, or occurrence alleged in the action occurred, shall
  2  2 be commenced no later than the minor's eighth birthday.
  2  3    Sec. 3.  Section 614.8, Code 1997, is amended to read as
  2  4 follows:
  2  5    614.8  MINORS AND PERSONS WITH MENTAL ILLNESS.
  2  6    a.  The times limited for actions herein in this chapter,
  2  7 except those brought for penalties and forfeitures, shall be
  2  8 are extended in favor of minors and persons with mental
  2  9 illness, so that they shall have one year from and after the
  2 10 termination of such the disability within which to commence
  2 11 said an action.
  2 12    b.  Except as provided in section 614.1, subsection 9, the
  2 13 times limited for actions in this chapter, except those
  2 14 brought for penalties and forfeitures, are extended in favor
  2 15 of minors, so that they shall have one year from and after
  2 16 attainment of majority within which to commence an action.  
  2 17                           EXPLANATION
  2 18    This bill creates new Code section 147.145 to establish a
  2 19 limitation on noneconomic damages of $250,000 in a medical
  2 20 malpractice action.
  2 21    The bill also provides that the time period for commencing
  2 22 an action for medical malpractice for a minor under six years
  2 23 of age when the act, omission, or occurrence alleged in the
  2 24 action occurred, is extended to the minor's eighth birthday.
  2 25 For a minor six years of age or older when such an act,
  2 26 omission, or occurrence alleged in an action occurred, Code
  2 27 section 614.1 would generally allow the commencement of an
  2 28 action within two years after the date on which the claimant
  2 29 knew, or through reasonable diligence should have known, or
  2 30 received notice of the injury or death, but in no event more
  2 31 than six years after the date on which occurred the act,
  2 32 omission, or occurrence alleged in the action, unless a
  2 33 foreign object was unintentionally left in the body.  
  2 34 LSB 1375XL 77
  2 35 mj/cf/24.1
     
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