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IA HF2040
Bill
Status
1/14/2026
Primary Sponsor
Bob Kressig
Click for details
AI Summary
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Amends the definition of "noneconomic damages" in medical malpractice cases to exclude loss of dependent care (including child care) when a primary caregiver spouse or parent dies or is severely injured, reclassifying such losses as economic damages not subject to caps
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Removes the current $250,000 cap on noneconomic damages against health care providers, replacing it with higher limits: up to $1 million for cases involving substantial/permanent bodily impairment, disfigurement, loss of pregnancy, or death, and up to $2 million when a hospital is a defendant
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Eliminates the existing subsection 4 of Section 147.136A that previously governed damage limitations in healthcare liability cases
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Modifies punitive damage rules so that full punitive damages are paid to claimants in cases against healthcare providers (physicians, nurses, hospitals, etc.) arising from patient care, rather than splitting awards with a civil reparations trust fund
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Applies only to causes of action accruing on or after the effective date of the Act
Legislative Description
A bill for an act relating to damage awards against health care providers, and including applicability provisions.
Last Action
Introduced, referred to Judiciary. H.J. 75.
1/14/2026