A bill for an act relating to civil procedure, including disclosures that may be made to a jury and the availability of certain medical records.
Impact
The bill potentially alters the landscape of civil litigation in Iowa, particularly concerning how juries are informed and what evidence is admissible regarding medical expenses. It allows adverse parties the right to access plaintiffs' medical records and psychological evaluations unless the plaintiff can demonstrate that such information is irrelevant. This could lead to a shift in how plaintiffs present their cases and the amount of private medical information disclosed in court, resulting in possible tensions between protecting patient confidentiality and ensuring fair litigation.
Summary
House Study Bill 511 aims to amend various code sections related to civil procedure, primarily focusing on the disclosure of medical records and psychological test materials during civil litigation. One significant aspect of the bill is its prohibition on jury disclosure of certain damages caps imposed by the court, which could influence the presentation of cases in medical malpractice and personal injury lawsuits. This could lead to a more favorable environment for plaintiffs by not allowing jurors to consider such caps when determining damages.
Contention
Proponents of HSB511 argue that expanding access to medical records and removing caps from jury consideration are necessary for justice in civil cases, especially in personal injury lawsuits where economic losses are claimed. However, opponents are likely to raise concerns regarding the potential for infringement on the privacy of plaintiffs who are already sensitive about their medical histories, especially in cases involving mental health evaluations. Critics may also argue that the limitations placed on juries regarding damages caps could lead to inconsistent judgments and disparities in compensation for similar cases.
Related
A bill for an act relating to civil procedure, including disclosures that may be made to a jury and the availability of certain medical records.
A bill for an act relating to sex and gender, including those and related terms for purposes of statutory construction, indications of a person's sex on certain vital records, gender identity under the Iowa civil rights Act, and school curricula related to gender theory.(See HF 583.)
A bill for an act relating to sex and gender, including those and related terms for purposes of statutory construction, indications of a person's sex on certain vital records, gender identity under the Iowa civil rights Act, and school curricula related to gender theory.(Formerly HSB 242.)