Text: HSB00550 Text: HSB00552 Text: HSB00500 - HSB00599 Text: HSB 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 in which 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. The court shall submit a separate
1 14 interrogatory verdict for damages for noneconomic losses
1 15 unless waived by 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
1 25 limits damages for noneconomic losses to $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 sought.
1 30 LSB 6210HC 79
1 31 jj/pj/5
Text: HSB00550 Text: HSB00552 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Jan 25 07:05:39 CST 2002
URL: /DOCS/GA/79GA/Legislation/HSB/00500/HSB00551/020124.html
jhf