House File 566

                                     HOUSE FILE       
                                     BY  COMMITTEE ON JUDICIARY

                                     (SUCCESSOR TO HF 475)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the award of damages in an action alleging
  2    medical malpractice.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2773HV 80
  5 rh/pj/5

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