Bill Text: IA SF2099 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to certificates of merit and noneconomic damages in medical malpractice actions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-05 - Subcommittee, Hogg, Petersen, and Schneider. S.J. 203. [SF2099 Detail]
Download: Iowa-2013-SF2099-Introduced.html
Senate
File
2099
-
Introduced
SENATE
FILE
2099
BY
ERNST
A
BILL
FOR
An
Act
relating
to
certificates
of
merit
and
noneconomic
1
damages
in
medical
malpractice
actions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
147.140
Certificate
of
merit.
1
1.
In
an
action
for
damages
for
personal
injury
against
a
2
health
care
provider
licensed
to
practice
or
operate
in
this
3
state,
based
on
the
alleged
negligence
of
the
licensee
in
the
4
practice
of
the
profession
or
occupation,
or
upon
the
alleged
5
negligence
of
the
hospital
in
patient
care,
the
plaintiff
6
shall
file,
simultaneous
with
the
filing
of
the
complaint,
a
7
certificate
of
merit
attesting
to
the
following:
8
a.
The
plaintiff
or
plaintiff’s
attorney
has
consulted
and
9
reviewed
the
facts
of
the
case
with
an
expert
who
the
plaintiff
10
or
the
plaintiff’s
attorney
reasonably
believes
meets
the
11
following
requirements:
12
(1)
The
expert
is
knowledgeable
regarding
the
relevant
13
issues
involved
in
the
particular
action.
14
(2)
The
expert
is
qualified
by
knowledge,
skill,
15
experience,
training,
or
education
to
testify
as
an
expert
16
in
the
field
of
the
alleged
malpractice
pursuant
to
section
17
147.139.
18
(3)
The
expert
has
no
financial
or
personal
interest
in
the
19
outcome
of
the
case
under
review.
20
b.
The
expert
has
determined
in
a
written
report
that
there
21
is
a
reasonable
and
meritorious
case
for
the
filing
of
such
22
action.
23
2.
The
written
report
from
the
expert
shall
be
attached
24
to
the
certificate
of
merit
and
shall
contain
all
of
the
25
following:
26
a.
The
name
and
address
of
the
expert
and
sufficient
facts
27
to
support
the
conclusion
that
the
expert
is
qualified
by
28
knowledge,
skill,
experience,
training,
or
education
to
testify
29
as
an
expert
against
the
health
care
provider.
30
b.
A
statement
that
the
expert’s
determination
is
based
upon
31
an
examination
of
the
plaintiff,
or
an
independent
and
thorough
32
review
of
all
of
the
applicable
medical
records
and,
if
33
reasonably
available,
a
physical
examination
of
the
plaintiff.
34
c.
A
description
of
the
appropriate
standard
of
care
that
is
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expected
of
a
reasonably
competent
health
care
provider
in
the
1
same
class
to
which
the
health
care
provider
belongs,
acting
in
2
the
same
or
similar
circumstances.
3
d.
In
the
opinion
of
the
expert,
expressed
with
a
reasonable
4
degree
of
medical
certainty,
that
the
appropriate
standard
of
5
care
was
breached
by
the
health
care
provider
named
in
the
6
complaint.
7
e.
The
factual
basis
for
the
expert’s
opinion.
8
f.
A
statement
of
the
actions
that
the
health
care
provider
9
should
have
taken
or
failed
to
take
to
have
complied
with
the
10
standard
of
care.
11
g.
A
statement
of
the
manner
in
which
the
breach
of
the
12
standard
of
care
was
the
cause
of
the
injury
alleged
in
the
13
complaint.
14
3.
Where
a
certificate
of
merit
is
required
pursuant
to
15
this
section,
a
separate
certificate
and
expert
report
shall
be
16
filed
as
to
each
defendant
named
in
the
complaint
and
shall
be
17
filed
as
to
each
defendant
named
at
a
later
time.
18
4.
The
contemporaneous
filing
requirement
of
subsection
1
19
shall
not
apply
to
a
case
in
which
the
period
of
limitation
20
will
expire
or
there
is
a
good
faith
basis
to
believe
it
will
21
expire
on
a
claim
stated
within
ten
days
of
the
date
of
filing
22
and
the
plaintiff
asserts
in
good
faith
that
because
of
such
23
time
constraints
compliance
with
the
requirements
is
not
24
possible.
In
such
cases,
the
plaintiff
shall
have
forty-five
25
days
after
the
filing
of
the
complaint
to
supplement
the
26
pleadings
with
the
certificate
of
merit
and
expert
report.
27
5.
If
a
certificate
of
merit
is
not
filed
within
the
28
period
specified
in
this
section,
the
complaint
is
subject
to
29
dismissal
for
failure
to
state
a
claim
upon
which
relief
can
30
be
granted.
31
6.
If
the
plaintiff
or
the
plaintiff’s
attorney
files
a
32
certificate
of
merit
that
does
not
meet
the
requirements
of
33
subsection
1
or
a
report
that
does
not
meet
the
requirements
of
34
subsection
2,
the
defendant
to
whom
such
certificate
pertains
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may
file
a
motion
to
dismiss
which
shall
specify
the
grounds
or
1
basis
by
which
the
certificate
or
the
report
does
not
meet
the
2
requirements
of
this
section.
3
7.
For
the
purposes
of
this
section,
“health
care
provider”
4
means
a
physician
and
surgeon,
osteopath,
osteopathic
physician
5
and
surgeon,
dentist,
podiatric
physician,
optometrist,
6
pharmacist,
chiropractor,
or
nurse
licensed
to
practice
that
7
profession
in
this
state,
or
a
hospital
licensed
for
operation
8
in
this
state.
9
Sec.
2.
NEW
SECTION
.
147.141
Limitation
on
noneconomic
10
damages.
11
1.
In
an
action
for
personal
injury
or
wrongful
death
12
against
a
physician
and
surgeon,
osteopath,
osteopathic
13
physician
and
surgeon,
dentist,
podiatric
physician,
14
optometrist,
pharmacist,
chiropractor,
or
nurse
licensed
15
under
this
chapter,
based
on
the
alleged
negligence
of
the
16
practitioner
in
the
practice
of
that
profession
or
occupation,
17
or
against
a
hospital
licensed
under
chapter
135B,
based
on
the
18
alleged
negligence
of
the
hospital
in
patient
care,
in
which
19
liability
is
admitted
or
established,
an
award
of
noneconomic
20
damages
shall
not
exceed
five
hundred
thousand
dollars.
21
2.
For
purposes
of
this
section,
“noneconomic
damages”
means
22
nonpecuniary
losses
that
would
not
have
occurred
but
for
the
23
injury
or
death
giving
rise
to
the
cause
of
action,
including
24
pain
and
suffering,
inconvenience,
physical
impairment,
mental
25
anguish,
loss
of
capacity
for
enjoyment
of
life,
and
any
other
26
nonpecuniary
losses.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
certificates
of
merit
and
noneconomic
31
damages
in
medical
malpractice
actions.
32
CERTIFICATE
OF
MERIT.
The
bill
provides
that
in
an
action
33
for
damages
for
personal
injury
against
a
health
care
provider,
34
defined
as
a
physician
and
surgeon,
osteopath,
osteopathic
35
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physician
and
surgeon,
dentist,
podiatric
physician,
1
optometrist,
pharmacist,
chiropractor,
or
nurse
licensed
to
2
practice
that
profession
in
this
state,
or
a
hospital
licensed
3
for
operation
in
this
state,
based
on
the
alleged
negligence
of
4
the
licensee
in
the
practice
of
the
profession
or
occupation,
5
or
upon
the
alleged
negligence
of
the
hospital
in
patient
care,
6
the
plaintiff
shall
file,
simultaneous
with
the
filing
of
the
7
complaint,
a
certificate
of
merit.
The
certificate
of
merit
8
shall
state
that
the
plaintiff
or
plaintiff’s
attorney
has
9
consulted
and
reviewed
the
facts
of
the
case
with
an
expert
who
10
the
plaintiff
or
the
plaintiff’s
attorney
reasonably
believes
11
is
knowledgeable
regarding
the
relevant
issues
involved
in
the
12
particular
action,
that
the
expert
is
qualified
by
knowledge,
13
skill,
experience,
training,
or
education
to
testify
as
an
14
expert,
and
that
the
expert
has
no
financial
or
personal
15
interest
in
the
outcome
of
the
case
under
review.
16
The
bill
further
provides
that
the
certificate
of
merit
17
shall
be
submitted
with
a
written
report
from
the
expert
18
stating
there
is
a
reasonable
and
meritorious
case
for
the
19
filing
of
such
action
and
shall
include
the
name
and
address
20
of
the
expert
and
sufficient
facts
to
support
the
conclusion
21
that
the
expert
is
qualified,
a
statement
that
the
expert’s
22
determination
is
based
upon
an
examination
of
the
plaintiff,
23
or
an
independent
and
thorough
review
of
all
of
the
applicable
24
medical
records
and,
if
reasonably
available,
a
physical
25
examination
of
the
plaintiff,
a
description
of
the
appropriate
26
standard
of
care
that
is
expected
of
a
reasonably
competent
27
health
care
provider
in
the
same
class
to
which
the
health
care
28
provider
belongs,
acting
in
the
same
or
similar
circumstances,
29
a
statement
that
in
the
opinion
of
the
expert,
expressed
with
a
30
reasonable
degree
of
medical
certainty,
that
the
appropriate
31
standard
of
care
was
breached
by
the
health
care
provider
named
32
in
the
complaint,
the
factual
basis
for
the
expert’s
opinion,
a
33
statement
of
the
actions
that
the
health
care
provider
should
34
have
taken
or
failed
to
take
to
have
complied
with
the
standard
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of
care,
and
a
statement
of
the
manner
in
which
the
breach
of
1
the
standard
of
care
was
the
cause
of
the
injury
alleged
in
the
2
complaint.
3
The
bill
further
provides
that
a
separate
certificate
and
4
expert
report
shall
be
filed
as
to
each
defendant
named
in
the
5
complaint.
6
The
bill
provides
that
the
requirement
that
a
plaintiff
7
file
a
certificate
of
merit
with
the
filing
of
the
complaint
8
in
the
action
shall
not
apply
to
a
case
in
which
the
period
9
of
limitation
will
expire
or
there
is
a
good
faith
basis
to
10
believe
it
will
expire
on
a
claim
stated
within
10
days
of
11
the
date
of
filing
and
the
plaintiff
asserts
in
good
faith
12
that
because
of
such
time
constraints
compliance
with
the
13
requirements
is
not
possible.
In
such
cases,
the
plaintiff
14
shall
have
45
days
after
the
filing
of
the
complaint
to
15
supplement
the
pleadings
with
the
certificate
of
merit
and
16
expert
report.
17
The
bill
provides
that
if
a
certificate
of
merit
is
not
filed
18
within
the
period
specified
in
this
bill,
the
complaint
is
19
subject
to
dismissal
for
failure
to
state
a
claim
upon
which
20
relief
can
be
granted.
21
The
bill
provides
that
if
the
plaintiff
files
a
certificate
22
of
merit
or
an
accompanying
report
that
does
not
meet
23
the
requirements
of
the
bill,
the
defendant
to
whom
such
24
certificate
pertains
may
file
a
motion
to
dismiss
which
shall
25
specify
the
grounds
or
basis
by
which
the
certificate
does
not
26
meet
the
requirements
of
the
bill.
27
NONECONOMIC
DAMAGES.
The
bill
provides
that
an
award
28
of
noneconomic
damages
in
an
action
for
personal
injury
or
29
wrongful
death
against
a
physician
and
surgeon,
osteopathic
30
physician
and
surgeon,
dentist,
podiatric
physician,
31
optometrist,
pharmacist,
chiropractor,
or
nurse
licensed
under
32
Code
chapter
147,
based
on
the
alleged
negligence
of
the
33
practitioner
in
the
practice
of
that
profession
or
occupation,
34
or
against
a
hospital
licensed
under
Code
chapter
135B,
based
35
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on
the
alleged
negligence
of
the
hospital
in
patient
care,
in
1
which
liability
is
admitted
or
established,
shall
not
exceed
2
$500,000.
“Noneconomic
damages”
is
defined
as
nonpecuniary
3
losses
that
would
not
have
occurred
but
for
the
injury
giving
4
rise
to
the
cause
of
action,
including
pain
and
suffering,
5
inconvenience,
physical
impairment,
mental
anguish,
loss
of
6
capacity
for
enjoyment
of
life,
and
any
other
nonpecuniary
7
losses.
8
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