Some Iowa lawmakers consider $1 million cap on medical malpractice damage lawsuits
Iowa legislators are looking into a bill that would cap noneconomic damages in medical malpractice lawsuits.
The legislation would put a $1 million cap on noneconomic damages, which according to the Senate bill and House bill is defined as "damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering."
Those who support the bill say it could improve the future of health care in Iowa.
"It's harder to recruit physicians to the state because we pay more in malpractice premiums," said Dr. Craig Mahoney, an orthopedic physician who works in Des Moines.
However, those who oppose the bill argue that not every case is the same.
"How could you put a price on a human life," questioned Joseph and Sarah Dudley.
A Polk County jury awarded Joseph Dudley $27 million for a misdiagnosis that occurred back in 2017.
"He got sick. I took him to urgent care," said Sarah Dudley, Joseph's wife. "They didn't listen to us, sent us home, and said it was the flu."
It wasn't the flu.
Joseph Dudley had bacterial meningitis. He was placed in a medically-induced coma and when he woke up, he was left with brain damage that could only get worse.
"I'll never be able to hear out of that [the right] ear again," said Joseph Dudley, who also had to re-learn how to walk, bathe, and so much more.
"We go to doctors to be seen. We put our lives in their hands," said Sarah Dudley. "They're supposed to listen to us and that wasn't done."
Supporters of the bill and health care providers say implementing a cap could help keep and bring more physicians to Iowa.
"We recruit against physician groups in Nebraska," said Mahoney. "It's a more favorable environment there from a malpractice situation."
Nebraska, Missouri, and the Dakotas all have some type of cap on noneconomic damages when it comes to medical malpractices.
"The second thing is that the risk associated with practicing medicine is greater for both physicians and for hospitals," said Mahoney.
Mahoney and supporters of the bill argue malpractice insurance costs could put hospitals in financial jeopardy.
"We know we're gonna have to pay malpractice insurance it needs to be in place for people that do have complications, but the reality is capping noneconomic damages can be very meaningful for those hospitals and those physicians," said Mahoney.
The full house can bring this up for debate at any time. KCCI will continue to follow the bill's progression.