Panel Approves $750,000 Cap On ‘Pain & Suffering’ Awards In Medical Deaths

Statewide Iowa — Republicans on a Senate committee have voted to place new limits in medical malpractice cases that involve the death of a patient. A bill that cleared a Senate committee this week would set 750-thousand dollars as the new cap on so-called “non-economic” damages that a family, children or spouses could receive.

Senator Zach Whiting, a Republican from Spirit Lake, says these are the kind of intangible losses that are commonly referred to as “pain and suffering.”

Critics say the bill is unfair to families who’ve lost a loved one due to a medical mistake. Senator Rob Hogg, a Democrat from Cedar Rapids, voted against the bill in committee.

In 2017, the Republican-led Iowa legislature enacted a 250-thousand dollar limit for emotional pain and suffering damage awards when health care providers are found liable for medical negligence. However, that “cap” or limit does not apply if a patient dies.

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