New Medical Malpractice Tort Reform Law: On February 16, 2023, Iowa Governor Kim Reynolds signed into law House File 161, which limits noneconomic damages in medical malpractice cases to $250,000 unless the injuries are substantial or permanent, in which case the limits are now $1 million or $2 million if a hospital is involved. In signing the new law into effect, Governor Reynolds stated, “Iowa’s record at medical malpractice is widely known as the biggest barrier to getting physicians to come to our state. Today, we’re ready to compete” – she did not mention the severely injured medical malpractice victims who will not receive full justice for their medical malpractice injuries.
Iowa already had a cap of $250,000 on noneconomic damages in medical malpractice cases but provided exceptions for permanent impairment or death. The new law for the first time places caps on the noneconomic recoveries for the most severely injured medical malpractice victims.
The Iowa medical malpractice tort reform law defines noneconomic damages as “damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages.” The law provides the higher limit only where there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.”
The new law provides for an annual 2.1% increase to the $250,000 cap and to the $1 million cap beginning on January 1, 2028.
The Fiscal Note from the Fiscal Services Division of the Legislative Services Agency stated with regard to the proposed new law: “According to the Judicial Branch, the total number filings for all case types over the last five years has averaged 666,000 per year. Medical malpractice filings are a small percentage of total case filings in the Iowa court system. Medical malpractice filings for calendar year (CY) 2017 through CY 2022 averaged 160 per year. Approximately 8.0% of medical malpractice case dispositions were by jury trial over that same time period.”
“Medical malpractice suit filings will continue to be a small percentage of total case filings in the Iowa court system. It is estimated that approximately 13 cases per year will be disposed by jury trial … House File 161 may reduce future settlements paid by the State Appeal Board from the General Fund and by the University of Iowa Hospitals and Clinics. However, the extent of this decrease cannot be estimated. Any fiscal impact to the Judicial Branch cannot be estimated.”
If you or a loved one may have been harmed as a result of medical negligence in Iowa or in another U.S. state, you should promptly find an Iowa medical malpractice lawyer or a medical malpractice lawyer in your state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical medical malpractice case, if appropriate.
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