Text: HF00386                           Text: HF00388
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 387

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  613.22  LIMITATION ON LIABILITY
  1  2 OF HEALTH CARE FACILITIES.
  1  3    1.  a.  In an action to recover damages arising out of the
  1  4 personal injury or death of a resident of a health care
  1  5 facility, as defined in section 135C.1, the present value of
  1  6 the damages awarded for noneconomic losses incurred or to be
  1  7 incurred in the future by the resident shall not exceed two
  1  8 hundred fifty thousand dollars.
  1  9    b.  In an action described in paragraph "a" tried to a jury
  1 10 where damages for noneconomic losses are sought, the court
  1 11 shall submit an instruction to the jury that the maximum
  1 12 allowable award for noneconomic losses is two hundred fifty
  1 13 thousand dollars.  A separate interrogatory verdict shall be
  1 14 submitted for damages for noneconomic losses unless waived by
  1 15 all parties.
  1 16    c.  As used in this section, "noneconomic losses" includes,
  1 17 but is not limited to, pain and suffering, mental anguish,
  1 18 emotional distress, humiliation, loss of consortium, lost
  1 19 opportunity, loss of expectations, and punitive or exemplary
  1 20 damages.  
  1 21                           EXPLANATION
  1 22    This bill creates new Code section 613.22, limiting damages
  1 23 for noneconomic losses arising out of the personal injury or
  1 24 death of a resident of a health care facility.  The bill caps
  1 25 damages for noneconomic losses at $250,000, and defines
  1 26 noneconomic losses to include pain and suffering and punitive
  1 27 or exemplary damages.  The bill also requires a special
  1 28 interrogatory and instructions in a jury trial where
  1 29 noneconomic losses are claimed.  
  1 30 LSB 2232YH 79
  1 31 rh/pj/5
     

Text: HF00386                           Text: HF00388
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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