Iowa 2023-2024 Regular Session

Iowa House Bill HF102

Introduced
1/24/23  
Introduced
1/24/23  

Caption

A bill for an act relating to noneconomic damage awards against health care providers, and including effective date and applicability provisions.(See HF 161.)

Impact

The modifications introduced by HF102 delineate a new structure for how damages might be calculated in personal injury cases involving health care providers. The bill maintains the existing cap of $250,000 unless a jury finds a substantial or permanent impairment or disfigurement that justifies an increase in damages up to $1 million. This approach is intended to balance the need to control litigation costs and keep health care providers accountable while ensuring that patients who suffer egregious harm are justly compensated.

Summary

House File 102 (HF102) addresses the issue of noneconomic damage awards against health care providers in Iowa. This bill proposes significant amendments to the current legal framework surrounding the compensation that can be claimed for noneconomic damages, which typically include damages for pain, suffering, and emotional distress. Currently, there is a cap of $250,000 on such damages in civil actions against health care providers, unless specific severe circumstances are met. Under the proposed changes, the definition of noneconomic damages will specifically exclude loss of dependent care resulting from the death or severe injury of a primary caregiver, which will now be classified as economic damages instead.

Contention

The bill has sparked debate regarding the implications for patients who suffer from significant health care-related injuries. Proponents argue that the changes help reinforce accountability within the health care system and mitigate expensive litigation for health care providers. Conversely, critics contend that the limits on noneconomic damages could prevent fair compensation for individuals affected by serious medical malpractice incidents, thereby threatening patients' rights to receive adequate recompense for suffering due to negligence. Additionally, the exclusion of dependent care loss from noneconomic to economic damages may raise concerns about the adequacy of compensation for families experiencing such losses.

Companion Bills

IA HF161

Similar To A bill for an act relating to damage awards against health care providers, creating a medical error task force, and including effective date and applicability provisions. (Formerly HF 102.) Effective date: 02/16/2023, 07/01/2023. Applicability date: 02/16/2023.

Previously Filed As

IA SF148

A bill for an act relating to noneconomic damage awards against health care providers, and including effective date and applicability provisions.(Formerly SSB 1063.)

IA HF161

A bill for an act relating to damage awards against health care providers, creating a medical error task force, and including effective date and applicability provisions. (Formerly HF 102.) Effective date: 02/16/2023, 07/01/2023. Applicability date: 02/16/2023.

IA SSB1063

A bill for an act relating to noneconomic damage awards against health care providers.(See SF 148.)

IA SF84

A bill for an act relating to noneconomic, punitive, and exemplary damage awards against health care providers and hospitals.

IA SF2220

A bill for an act relating to noneconomic, punitive, and exemplary damage awards against health care providers and hospitals.

IA HSB114

A bill for an act relating to tort liability, including employer liability and noneconomic damages in civil actions involving commercial motor vehicles, and punitive or exemplary damages in civil actions generally.(See HF 201.)

IA HSB91

A bill for an act relating to the health and well-being of children and families including provisions for rural emergency hospitals, regional centers of excellence, noneconomic damage awards against health care providers, a state-funded family medicine obstetrical fellowship program, self-administered hormonal contraceptives, review and approval of and public policy considerations relating to insurance benefits, maternal support and fatherhood initiatives, state employee parental leave, modification of property tax provisions for certain commercial child care properties, adoption expenses under the adoption subsidy program, and accessibility to the all Iowa scholarship program; providing for appropriations, fines, and penalties; and including effective date and applicability and retroactive applicability provisions.(See HF 427.)

IA SSB1133

A bill for an act relating to the health and well-being of children and families including provisions for rural emergency hospitals, regional centers of excellence, noneconomic damage awards against health care providers, a state-funded family medicine obstetrical fellowship program, self-administered hormonal contraceptives, review and approval of and public policy considerations relating to insurance benefits, maternal support and fatherhood initiatives, state employee parental leave, modification of property tax provisions for certain commercial child care properties, adoption expenses under the adoption subsidy program, and accessibility to the all Iowa scholarship program; providing for appropriations, fines, and penalties; and including effective date and applicability and retroactive applicability provisions.

IA SSB1114

A bill for an act relating to tort liability, including employer liability and noneconomic damages in civil actions involving commercial motor vehicles, and punitive or exemplary damages in civil actions generally.(See SF 228.)

IA HF201

A bill for an act relating to tort liability, including employer liability and noneconomic damages in civil actions involving commercial motor vehicles, and punitive or exemplary damages in civil actions generally.(Formerly HSB 114.)

Similar Bills

No similar bills found.