Text: HF00565 Text: HF00567 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 147.136A 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, in which liability
1 8 is admitted or established, the present value of the damages
1 9 for economic and noneconomic losses incurred or to be incurred
1 10 in the future by the plaintiff by reason of personal injury or
1 11 death shall be awarded as follows:
1 12 1. For losses based upon the negligence of one or more of
1 13 the defendants, the amount of economic damages.
1 14 2. For losses based upon the recklessness of one or more
1 15 of the defendants, the amount of economic damages plus any
1 16 noneconomic damages. The amount of noneconomic damages
1 17 awarded shall not exceed the amount of economic damages
1 18 awarded.
1 19 3. For losses based upon the gross negligence of one or
1 20 more of the defendants, the amount of economic damages plus
1 21 any noneconomic damages. The amount of noneconomic damages
1 22 awarded shall not exceed three times the amount of economic
1 23 damages awarded.
1 24 4. For losses based upon the intentional wrongdoing of one
1 25 or more of the defendants, the amount of damages as provided
1 26 in section 668A.1, subsection 2.
1 27 EXPLANATION
1 28 This bill relates to the award of economic, noneconomic,
1 29 and punitive damages awarded in a medical malpractice action
1 30 against any physician and surgeon, osteopath, osteopathic
1 31 physician and surgeon, dentist, podiatrist, optometrist,
1 32 pharmacist, chiropractor, or nurse licensed under chapter 147
1 33 or against any hospital licensed under chapter 135B in which
1 34 liability is admitted or established. The bill generally
1 35 places restrictions on the awarding of noneconomic damages.
2 1 LSB 2773HV 80
2 2 rh/pj/5
Text: HF00565 Text: HF00567 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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