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House File 592 - IntroducedA Bill ForAn Act 1relating to noneconomic damage awards against health
2care providers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 147.136A, subsection 2, Code 2021, is
2amended to read as follows:
32. The total amount recoverable in any civil action for
4noneconomic damages for personal injury or death, whether
5in tort, contract, or otherwise, against a health care
6provider shall be limited to two hundred fifty thousand one
7million dollars for any occurrence resulting in injury or
8death of a patient regardless of the number of plaintiffs,
9derivative claims, theories of liability, or defendants in
10the civil action, unless the jury determines that there is
11a substantial or permanent loss or impairment of a bodily
12function, substantial disfigurement, or death, which warrants a
13finding that imposition of such a limitation would deprive the
14plaintiff of just compensation for the injuries sustained.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18Under current law, the limit for the total amount
19recoverable for noneconomic damages for personal injury or
20death against a health care provider in a civil action is
21$250,000, unless the jury determines that there is substantial
22or permanent loss or impairment of a bodily function,
23substantial disfigurement, or death, which warrants a finding
24that imposition of such a limitation would deprive the
25plaintiff of just compensation for the injuries sustained.
26This bill increases the cap from $250,000 to $1 million and
27removes the exception to the cap.
-1-cm/jh
2care providers.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 147.136A, subsection 2, Code 2021, is
2amended to read as follows:
32. The total amount recoverable in any civil action for
4noneconomic damages for personal injury or death, whether
5in tort, contract, or otherwise, against a health care
6provider shall be limited to two hundred fifty thousand one
7million dollars for any occurrence resulting in injury or
8death of a patient regardless of the number of plaintiffs,
9derivative claims, theories of liability, or defendants in
10the civil action, unless the jury determines that there is
11a substantial or permanent loss or impairment of a bodily
12function, substantial disfigurement, or death, which warrants a
13finding that imposition of such a limitation would deprive the
14plaintiff of just compensation for the injuries sustained.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18Under current law, the limit for the total amount
19recoverable for noneconomic damages for personal injury or
20death against a health care provider in a civil action is
21$250,000, unless the jury determines that there is substantial
22or permanent loss or impairment of a bodily function,
23substantial disfigurement, or death, which warrants a finding
24that imposition of such a limitation would deprive the
25plaintiff of just compensation for the injuries sustained.
26This bill increases the cap from $250,000 to $1 million and
27removes the exception to the cap.
-1-cm/jh