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