Medical negligence settlements
in Iowa.
Iowa caps malpractice pain and suffering at $250,000, but the limit rises to $1 million, or $2 million if a hospital is a defendant, when the injury is substantial, permanent, disfiguring, or fatal. The cap does not apply at all to a provider who acted with actual malice.
Facts that decide a medical negligence claim in Iowa
| Basic cap | Noneconomic damages may not exceed $250,000 unless the jury finds substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death.Iowa Code § 147.136A |
|---|---|
| Higher cap | In those cases the limit is $1 million, or $2 million if the action includes a hospital.Iowa Code § 147.136A |
| Actual malice | The limitation does not apply to a defendant whose actions constituted actual malice.Iowa Code § 147.136A(3) |
| Fault rule | Contributory fault does not bar recovery “unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants”; damages are reduced by the claimant’s share, so 50% still recovers.Iowa Code § 668.3(1)(a) |