Iowa Senate Bill SSB3011

Iowa 2023-2024 Regular Session

• Introduced: 1/10/24
• Refer: 1/10/24

Caption

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 implications of SSB3011 are broad, particularly in how it influences the treatment of medical expenses and psychological evaluations in civil lawsuits. By allowing for a more extensive disclosure of actual economic losses, including past and future medical expenses as well as lost wages, the bill could lead to increased compensation for plaintiffs. However, it also introduces tighter controls on the confidentiality of psychological test materials, especially in sexual assault cases, by sealing these records from unauthorized disclosure outside the involved parties, which may raise concerns regarding privacy and the handling of sensitive information.

Summary

Senate Study Bill 3011 (SSB3011) relates to civil procedure, specifically the disclosures that can be made to a jury and the availability of certain medical records in litigation. The bill aims to establish clear guidelines regarding what can and cannot be disclosed during legal proceedings, particularly focusing on medical and psychological tests. One key provision of the bill prohibits juries from being informed of any damage caps imposed by the court after a verdict, a change which could significantly affect the outcomes of medical malpractice cases and other personal injury litigations.

Contention

Notably, SSB3011 has sparked discussions regarding the balance between the rights of plaintiffs and the requirements of the legal process. Concerns have been raised about potential overreach in terms of accessing sensitive medical and psychological records without adequate protections for plaintiffs. Critics have argued that the requirement for plaintiffs to waive confidentiality in cases claiming emotional distress or physical suffering could deter individuals from pursuing legitimate claims out of fear of exposing their personal health information. This change represents a significant shift in civil procedure that may lead to more contentious litigation regarding evidence disclosure.