Text: HSB00038 Text: HSB00040 Text: HSB00000 - HSB00099 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 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. "Health care facility" means
1 30 a residential care facility, a nursing facility, an
1 31 intermediate care facility for persons with mental illness, or
1 32 an intermediate care facility for persons with mental
1 33 retardation.
1 34 LSB 1917YC 80
1 35 rh/pj/5
Text: HSB00038 Text: HSB00040 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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