Iowa bill capping medical malpractice damages passes despite bipartisan opposition

DES MOINES, Iowa — Wednesday, Iowa lawmakers in both chambers debated whether or not medical malpractice lawsuits for pain and suffering should be capped.

It's an issue that's creating division within the Republican caucus.

It's kinda having Republicans after Republicans and everything too," State Sen. Mark Lofgren said.

Senator Lofgren explained why he's against the bill in an email to all Iowa lawmakers.

The Republican argued, "Why would any pro-life legislator allow an insurance company to value a life?"

That quote was brought up during House debate between State Rep. Ann Meyer and State Rep. Brian Meyer.

"We do have an obligation as a legislator to make sure our healthcare system is intact," State Rep. Ann Meyer said. "It's not about the value of life."

"Explain to me if the $1 million cap that's not a value on a life?" State Rep. Brian Meyer said.

"Stability to the market that's what I call [it]," State Rep. Ann Meyer.

"That's awfully cold," State Rep. Brian Meyer said. "Awfully cold."

The proposal would impose a $1 million dollar pain and suffering limit on lawsuits directed towards clinics or doctors, or $2 million if a hospital is involved.

That number would increase 2.1% every year starting in 2028.

"Iowa already ranks 44th in the nation for positions per capita, and is even worse for needed specialty care like OB's and psychiatrists," State Rep. Ann Meyer said.

An amendment to the bill would also require Health and Human Services to create a task force to review medical errors in Iowa and make recommendations.

All punitive damages would be awarded to the plaintiff instead of 75% going to a state trust fund.

Republicans backing the bill hope it'll help retain and attract new healthcare workers.

They're telling us here in Iowa is that it is difficult to retain and recruit physicians in our state because of medical malpractice insurance," State Rep. Shannon Lundgren said.

Opponents argue this isn't a real solution to that issue, since there's nothing in the bill to stop insurance companies from raising their prices.

Contrary to popular belief you can say no to leadership," State Rep. Mark Cosneros said. "It's actually quite easy and sometimes very necessary.

Despite that bipartisan pushback, the bill did clear both chambers and is now headed to Governor Kim Reynolds' desk.

"Its about access to care that's what my constituents are talking about, access to care," Rep. Ann Meyer said.

Governor Reynolds issued the following statement Wednesday, after the Iowa legislature passed the measure.

“I’m grateful to the legislature for passing reasonable medical malpractice reform, allowing Iowa’s health care industry to become stronger and more accessible. To the OBGYNs and physicians who have been worried about practicing in Iowa, we are ready for you! These reforms balance the needs of injured patients with the needs of all Iowans to have a robust health care system. As I said in my Condition of the State, these reforms could not wait another year.”

The Iowa Association for Justice released its own statement Wednesday evening as well.

“There is no rational basis for this unconstitutional infringement on the right to trial by jury. Damage caps or “tort reform,” force a one-size-fits-all, government-mandated dollar value on human life.

“This bill will not attract more doctors to Iowa. This bill will not provide financial relief to providers. This bill will simply boost profits for insurance companies at the expense of those who are injured by medical negligence and nursing home neglect.

“This is a dark day for the right to trial by jury in Iowa. Every legislator who voted for final passage of this bill has turned their backs on their constituents.”