Health Justice Transformation - Iowa

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence where a defendant is found to bear less than 50% of the total fault. If a defendant is 50% or more liable, he/she is jointly and severally liable for economic damages only.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, damages must be reduced by the amount received from collateral sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Either party may request periodic/structured payment. Court determines the reasonableness.

Limitation of Plaintiff’s Attorneys Fees

No, but the court determines reasonableness of fee arrangements.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

No requirements.

Standards for Expert Testimony/Witness

Medical malpractice claims must be established through the use of expert testimony. The expert's qualifications must relate directly to the medical problem or problems at issue and the type of treatment administered in the case.