Text: SSB03113 Text: SSB03115 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 147.141 LIMITATION ON PUNITIVE
1 2 OR EXEMPLARY DAMAGES.
1 3 In an action for personal injury or wrongful death against
1 4 a physician and surgeon, osteopath, osteopathic physician and
1 5 surgeon, dentist, podiatrist, optometrist, pharmacist,
1 6 chiropractor, or nurse licensed under this chapter, based on
1 7 the alleged negligence of the practitioner in the practice of
1 8 that profession or occupation, or against a hospital licensed
1 9 under chapter 135B, based on the alleged negligence of the
1 10 hospital in patient care, in which liability is admitted or
1 11 established, an award of punitive or exemplary damages
1 12 pursuant to chapter 668A shall not exceed two hundred fifty
1 13 thousand dollars.
1 14 Sec. 2. Section 668A.1, subsection 2, paragraph a, Code
1 15 2003, is amended to read as follows:
1 16 a. If the answer or finding pursuant to subsection 1,
1 17 paragraph "b", is affirmative, the full amount of the punitive
1 18 or exemplary damages awarded shall be paid to the claimant
1 19 except as limited by section 147.141, if applicable.
1 20 EXPLANATION
1 21 This bill provides that in an action for personal injury or
1 22 wrongful death against a physician and surgeon, osteopath,
1 23 osteopathic physician and surgeon, dentist, podiatrist,
1 24 optometrist, pharmacist, chiropractor, or nurse licensed under
1 25 Code chapter 147 or against a hospital licensed under Code
1 26 chapter 135B, based on the alleged negligence of the
1 27 practitioner or hospital, in which liability is admitted or
1 28 established, an award of punitive or exemplary damages
1 29 pursuant to Code chapter 668A shall not exceed $250,000.
1 30 LSB 6528SC 80
1 31 rh/sh/8
Text: SSB03113 Text: SSB03115 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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