Senate bill could limit settlements in malpractice lawsuits

DES MOINES (KWWL) - The Iowa House of Representatives will soon decide the next step for a bill that would limit the amount of money people can claim in medical malpractice lawsuits.

Plaintiffs can only claim $250,000 in "noneconomic" damages right now, for pain suffering or inconvenience, but there's an exception for serious cases with permanent impairments or death.

Senate File 2338 would remove that exception for serious cases and install a hard cap of $750,000.

The cap doesn't apply to actual medical expenses incurred and only states they be limited to the actual amount paid.

The bill passed through the Senate Tuesday with a large Republican majority supporting it.

Sen. Zach Whiting, (R) District 1, is sponsoring the bill because he believes stopping large settlements will attract more doctors to Iowa and allow them to try new surgeries.

"(The bill) works to achieve a balance between the need to compensate people who have medical injuries and the need to keep doctors and health care professionals in rural Iowa," Whiting said in a statement to KWWL Friday.

Many democrats have opposed the bill, advocating for plaintiffs who've gone through something traumatic and saying the only ones who benefit are insurance companies.

"Insurance companies are making a considerable amount of money and yet, we're trying to limit the amount of money patients can get," Sen. Kevin Kinney said, (D) District 39.

Republican House leadership will now decide if the bill is ready to run on the House floor.