Senate File 2218 - Introduced
SENATE FILE
BY BRUNKHORST, TINSMAN, ZAUN, BOETTGER,
WIECK, MULDER, PUTNEY, McKINLEY,
JOHNSON, SEYMOUR, BEHN, IVERSON,
LAMBERTI, McKIBBEN, HAHN, ANGELO,
and ZIEMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to an award of noneconomic damages in a medical
2 malpractice action.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5711XS 81
5 rh/je/5
PAG LIN
1 1 Section 1. NEW SECTION. 147.141 LIMITATION ON
1 2 NONECONOMIC DAMAGES.
1 3 1. In an action for personal injury or wrongful death
1 4 against a physician and surgeon, osteopath, osteopathic
1 5 physician and surgeon, dentist, podiatrist, optometrist,
1 6 pharmacist, chiropractor, or nurse licensed under this
1 7 chapter, based on the alleged negligence of the practitioner
1 8 in the practice of that profession or occupation, or against a
1 9 hospital licensed under chapter 135B, based on the alleged
1 10 negligence of the hospital in patient care, in which liability
1 11 is admitted or established, an award of noneconomic damages
1 12 shall not exceed five hundred thousand dollars.
1 13 2. For purposes of this section, "noneconomic damages"
1 14 means nonpecuniary losses that would not have occurred but for
1 15 the injury or death giving rise to the cause of action,
1 16 including pain and suffering, inconvenience, physical
1 17 impairment, mental anguish, loss of capacity for enjoyment of
1 18 life, and any other nonpecuniary losses.
1 19 EXPLANATION
1 20 This bill provides that an award of noneconomic damages in
1 21 an action for personal injury or wrongful death against a
1 22 physician and surgeon, osteopath, osteopathic physician and
1 23 surgeon, dentist, podiatrist, optometrist, pharmacist,
1 24 chiropractor, or nurse licensed under Code chapter 147, based
1 25 on the alleged negligence of the practitioner in the practice
1 26 of that profession or occupation, or against a hospital
1 27 licensed under Code chapter 135B, based on the alleged
1 28 negligence of the hospital in patient care, in which liability
1 29 is admitted or established, shall not exceed $500,000.
1 30 "Noneconomic damages" is defined as nonpecuniary losses that
1 31 would not have occurred but for the injury giving rise to the
1 32 cause of action, including pain and suffering, inconvenience,
1 33 physical impairment, mental anguish, loss of capacity for
1 34 enjoyment of life, and any other nonpecuniary losses.
1 35 LSB 5711XS 81
2 1 rh:rj/je/5