Text: SF02235 Text: SF02237 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 668B.1 TITLE.
1 2 This chapter may be cited as the "Noneconomic Damage Awards
1 3 Against Health Care Providers Act".
1 4 Sec. 2. NEW SECTION. 668B.2 DEFINITIONS.
1 5 As used in this chapter, unless the context otherwise
1 6 requires:
1 7 1. "Health care provider" means a physician as defined in
1 8 section 135.1, a hospital as defined in section 135B.1, and a
1 9 health care facility as defined in section 135C.1.
1 10 2. "Health care services" means services that involve
1 11 diagnosis, treatment, medical evaluation, advice, or such acts
1 12 as may be permissible under the health care licensing statutes
1 13 of this state.
1 14 3. "Noneconomic damages" means damages arising from pain,
1 15 suffering, inconvenience, physical impairment, mental anguish,
1 16 emotional pain and suffering, loss of chance, loss of
1 17 consortium, and any other nonpecuniary damages.
1 18 Sec. 3. NEW SECTION. 668B.3 DAMAGE AWARDS.
1 19 In any action for damages for injury or death against any
1 20 health care provider, whether based in tort, contract, or
1 21 otherwise, arising out of an act or omission in connection
1 22 with the provision of health care services, the injured
1 23 plaintiff shall be entitled to recover noneconomic damages,
1 24 but such damages shall not exceed two hundred fifty thousand
1 25 dollars, except upon a finding of actual malice on the part of
1 26 the defendant.
1 27 EXPLANATION
1 28 This bill creates the noneconomic damage awards against
1 29 health care providers Act.
1 30 The bill provides that in any action for noneconomic
1 31 damages for injury or death against any health care provider
1 32 whether based in tort, contract, or otherwise, arising out of
1 33 an act or omission in connection with the provision of health
1 34 care services, the injured plaintiff shall be entitled to
1 35 recover noneconomic damages not to exceed $250,000, except
2 1 upon a finding of actual malice on the part of the defendant.
2 2 "Noneconomic damages" is defined as damages arising from
2 3 pain, suffering, inconvenience, physical impairment, mental
2 4 anguish, emotional pain and suffering, loss of chance, loss of
2 5 consortium, and any other nonpecuniary damages.
2 6 "Health care provider" means a physician defined as a
2 7 person licensed to practice medicine and surgery, osteopathic
2 8 medicine and surgery, osteopathy, chiropractic, podiatry, or
2 9 optometry under the laws of this state pursuant to Code
2 10 section 135.1, a hospital defined as a place which is devoted
2 11 primarily to the maintenance and operation of facilities for
2 12 the medical diagnosis, treatment, or care over a period
2 13 exceeding 24 hours of two or more nonrelated individuals
2 14 pursuant to Code section 135B.1, and a health care facility
2 15 defined as a residential care facility, a nursing facility, an
2 16 intermediate care facility for persons with mental illness, or
2 17 an intermediate care facility for persons with mental
2 18 retardation pursuant to Code section 135C.1.
2 19 LSB 6528SV 80
2 20 rh/sh/8.1
Text: SF02235 Text: SF02237 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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