SSB 1063 (LSB 1583XC (2) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to noneconomic damage awards against health care providers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.136A, subsection 1, paragraph b, Code 2023, is amended to read as follows:
   b.  “Noneconomic damages” means damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages.  “Noneconomic damages” does not include the loss of dependent care, including the loss of child care, due to the death of or severe injury to a spouse or parent who is the primary caregiver of a child under the age of eighteen or a disabled adult, and such damages shall be considered economic damages.
    Sec. 2.  Section 147.136A, subsection 2, Code 2023, is amended to read as follows:
   2.  a.  The Subject to paragraph “b”, the total amount recoverable in any civil action for noneconomic damages for personal injury or death, whether in tort, contract, or otherwise, against a health care provider shall be limited to two hundred fifty thousand dollars for any occurrence resulting in injury or death of a patient regardless of the number of plaintiffs, derivative claims, theories of liability, or defendants in the civil action, unless.
   b.  If the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death, which warrants a finding that imposition of such a the limitation under paragraph “a” would deprive the plaintiff of just compensation for the injuries sustained, the total amount recoverable for noneconomic damages under paragraph “a” shall be limited to one million dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to noneconomic damage awards against health care providers. The bill provides that damages for loss of dependent care due to death of or severe injury to a spouse or parent who is the primary caregiver are considered economic damages.
   The bill limits the amount of noneconomic damages that a jury can award a plaintiff if there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death to $1 million. The bill does not amend the current exception to the cap for cases in which the defendant’s actions constitute actual malice.