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