Earlier this year, HF 161 was signed into law capping non-economic damages in Iowa medical malpractice cases. The bill limits non-economic damages a jury may award to plaintiffs to $1 million, or $2 million, if a lawsuit names a hospital.
Iowa law already capped noneconomic damages against certain healthcare providers to 250K, but allowed a jury to award more on a case by case basis depending on factors such as impairment, disfigurement, or death that might warrant higher compensation. The new law limits the amount juries can award for noneconomic damages under this exception to $1 million (or $2 million for hospitals) with a yearly percentage increase in the cap built in starting January 1, 2028 and each year thereafter to account for inflation.
Non-economic damages are defined as damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, and other non pecuniary damages. The new law limits what plaintiffs can recover, and what healthcare providers are liable for, in non-economic damages.
Medically Injured Parents Loss of Child Care Expenses
When primary caregivers “parents” of children or disabled adults are injured due to medical malpractice, they may worry how they will be able to afford care they once provided for a dependent child or disabled adult when an injury or injuries sustained are too debilitating. Although the new law deals a blow to what plaintiffs can recover for non-economic damages in a medical malpractice lawsuit, it is important to note that the amendment clarifies that non-economic damages do not include loss of dependent care including loss of child care due to the death or severe injury to a spouse or parent who is a primary caregiver to a minor child or an disabled adult, which are compensable as economic damages.
Punitive Damages Recoverable Against Health Care Providers
The Iowa Medical Malpractice Tort Reform Law also amends the punitive damages statute to award full recovery of punitive damages on claims against certain licensed physician and surgeons, osteopath physicians and surgeons, dentists, podiatric physicians, optometrists, pharmacists, chiropractors, physician assistants or nurses and hospitals arising out of patient care.
Contact a Personal Injury Lawyer for Help
When you are injured due to the negligence of another in Iowa, contact Des Moines medical negligence lawyer Marc A. Humphrey for answers today at 515-331-3510.
