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Bill > SF189
IA SF189
A bill for an act relating to medical malpractice by exempting claims involving sexual assault from the limitations on noneconomic damages.
summary
Introduced
02/03/2025
02/03/2025
In Committee
02/03/2025
02/03/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill creates an exception to a medical malpractice limitation on damages in personal injury actions that involve a sexual assault. The bill provides that if the health care provider is a defendant in a personal injury action, the limitation on noneconomic damages does not apply if the defendant’s action is sexual in nature regardless of if the action was committed under the guise of medical diagnosis, counseling, or treatment or if the patient believed at the time the act occurred it was for medical diagnosis, counseling, or treatment.
AI Summary
This bill amends Iowa Code section 147.136A to remove limitations on noneconomic damages in medical malpractice cases involving sexual assault. Specifically, the bill expands existing language about exceptions to damage caps by creating two new scenarios where the cap would not apply: first, when a healthcare professional commits a sexual act under the guise of professional diagnosis, counseling, or treatment, and second, when the patient genuinely believed the sexual act was part of a medically appropriate procedure at the time it occurred. This provision aims to provide greater legal recourse and potential compensation for victims of sexual misconduct by medical professionals, recognizing the profound harm caused by such actions. By removing damage limitations in these circumstances, the bill seeks to hold healthcare providers more accountable for sexual misconduct and provide additional legal protection for patients who have been sexually assaulted during medical treatment.
Committee Categories
Justice
Sponsors (12)
Liz Bennett (D)*,
Tony Bisignano (D)*,
Matt Blake (D)*,
Molly Donahue (D)*,
Bill Dotzler (D)*,
Janet Petersen (D)*,
Herman Quirmbach (D)*,
Art Staed (D)*,
Thomas Townsend (D)*,
Sarah Trone Garriott (D)*,
Janice Weiner (D)*,
Cindy Winckler (D)*,
Last Action
Subcommittee: Bousselot, Blake, and Schultz. S.J. 194. (on 02/04/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF189 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/SF189.html |
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