Bill Text: IA SSB3085 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to total amount recoverable as a noneconomic damage award against a health care provider.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-01-28 - Subcommittee: Nunn, Kinney, and Sweeney. [SSB3085 Detail]
Download: Iowa-2019-SSB3085-Introduced.html
Senate
Study
Bill
3085
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
total
amount
recoverable
as
a
noneconomic
1
damage
award
against
a
health
care
provider.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
147.136A,
subsection
2,
Code
2020,
is
1
amended
to
read
as
follows:
2
2.
The
total
amount
recoverable
in
any
civil
action
for
3
noneconomic
damages
for
personal
injury
or
death,
whether
in
4
tort,
contract,
or
otherwise,
against
a
health
care
provider
5
shall
be
limited
to
two
hundred
fifty
thousand
dollars
for
any
6
occurrence
resulting
in
injury
or
death
of
a
patient
regardless
7
of
the
number
of
plaintiffs,
derivative
claims,
theories
of
8
liability,
or
defendants
in
the
civil
action
,
unless
the
jury
9
determines
that
there
is
a
substantial
or
permanent
loss
or
10
impairment
of
a
bodily
function,
substantial
disfigurement,
11
or
death,
which
warrants
a
finding
that
imposition
of
such
a
12
limitation
would
deprive
the
plaintiff
of
just
compensation
for
13
the
injuries
sustained
.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
the
total
amount
of
noneconomic
damages
18
recoverable
in
a
civil
action
for
personal
injury
or
death
19
against
a
health
care
provider.
20
Current
law
limits
to
$250,000
the
amount
of
noneconomic
21
damages
recoverable
for
any
occurrence
resulting
in
injury
or
22
death
of
a
patient
regardless
of
the
number
of
plaintiffs,
23
derivative
claims,
theories
of
liability,
or
defendants
in
24
the
civil
action,
unless
the
jury
determines
that
there
is
25
a
substantial
or
permanent
loss
or
impairment
of
a
bodily
26
function,
substantial
disfigurement,
or
death,
which
warrants
27
a
finding
that
imposition
of
such
a
limitation
would
deprive
28
the
plaintiff
of
just
compensation
for
the
injuries
sustained.
29
Current
law
also
provides
that
the
limitation
on
damages
30
shall
not
apply
as
to
a
defendant
if
the
defendant’s
actions
31
constituted
actual
malice.
32
The
bill
eliminates
the
exception
to
the
limitation
33
of
$250,000
that
would
allow
the
jury
to
determine
if
the
34
imposition
of
such
a
limitation
would
deprive
the
plaintiff
of
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_____
just
compensation
for
the
injuries
sustained.
1
Under
the
bill,
“noneconomic
damages”
means
damages
arising
2
from
pain,
suffering,
inconvenience,
physical
impairment,
3
mental
anguish,
emotional
pain
and
suffering,
loss
of
chance,
4
loss
of
consortium,
or
any
other
nonpecuniary
damages.
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