1. Except as otherwise provided in subsection 2, in an action for damages for personal injury against a physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse licensed to practice that profession in this state, or against a hospital licensed for operation in this state, based on the alleged negligence of the practitioner in the practice of the profession or occupation, or upon the alleged negligence of the hospital in patient care, in which liability is admitted or established, the damages awarded shall not include actual economic losses incurred or to be incurred in the future by the claimant by reason of the personal injury, including but not limited to the cost of reasonable and necessary medical care, rehabilitation services, and custodial care, and the loss of services and loss of earned income, to the extent that those losses are replaced or are indemnified by insurance, or by governmental, employment, or service benefit programs or from any other source.
2. This section shall not bar recovery of economic losses replaced or indemnified by any of the following:
a. Benefits received under the medical assistance program under chapter 249A.
b. The assets of the claimant or of the members of the claimant’s immediate family. [C77, 79, 81, §147.136] 95 Acts, ch 108, §6; 2008 Acts, ch 1088, §141; 2011 Acts, ch 129, §85, 156; 2020 Acts, ch 1020, §2, 12 Referred to in §668.14, 668.14A \n
Notes of Decisions
Rudolph v. Iowa Methodist Med. Ctr., 293 N.W.2d 550 (Iowa 1980).
· cites it 49× “Included are issues of first impression involving the right of jurors to ask questions of witnesses and the constitutionality of § 147.136, The Code, the statute which abolished the collateral source rule in medical malpractice cases.”
United States Ex Rel. Hixson v. Health Mgmt. Sys., Inc., 657 F. Supp. 2d 1039 (S.D. Iowa 2009).
· cites it 52× “In declining to seek reimbursement for Medicaid payments for expenses necessitated by medical malpractice, Defendants are following Iowa Code § 147.136 (“§ 147.136”), which abrogated the collateral source rule in Iowa in cases of medical negligence.”
Mohammed v. Otoadese, 738 N.W.2d 628 (Iowa 2007).
· cites it 10× “Otoadese sought to exclude all evidence of medical expenses arguing Iowa Code section 147.136 (2003) barred recovery of such expenses.”
Groesbeck v. Napier, 275 N.W.2d 388 (Iowa 1979).
· cites it 16× “On July 1, 1975, § 147.136 of the Code, which partially abrogates the collateral source rule in measuring damages in medical malpractice actions, became effective.”
Schonberger v. Roberts, 456 N.W.2d 201 (Iowa 1990).
· cites it 12× “Iowa Code § 147.136 ("damages awarded [in a medical malpractice action] shall not include actual economic losses .”
DeBurkarte v. Louvar, 393 N.W.2d 131 (Iowa 1986).
· cites it 4× “See Iowa Code § 147.136 (1981). Viewing the evidence in the light most favorable to the plaintiff, Schmitt, 170 N.”
Heine v. Allen Mem'l Hosp. Corp., 549 N.W.2d 821 (Iowa 1996).
· cites it 20× “In this case the district court determined Iowa Code section 147.136 (1993) applies to the plaintiffs contribution claim against a physician and his employer.”
Andersen v. Khanna, 827 F. Supp. 2d 970 (S.D. Iowa 2011).
· cites it 6× “Andersen’s motion requested clarification of the state court’s prior ruling granting Defendants’ motion for partial summary judgment regarding the application of Iowa Code § 147.136 . Syngenta nonetheless argues that it was Andersen, as plan participant, raising the issue of…”
Peters Ex Rel. Peters v. Vander Kooi, 494 N.W.2d 708 (Iowa 1993).
· cites it 2× “At issue is that provision in Iowa Code section 147.136 (1991), which states: [T]he damages awarded shall not include actual economic losses incurred or to be incurred in the future .”
United States Ex Rel. Hixson v. Health Mgmt. Sys., Inc., 613 F.3d 1186 (8th Cir. 2010).
“The defendants argue that they did not seek reimbursement in medical malpractice cases because Iowa Code § 147.136 precluded Medicaid recipients from recovering those costs, and Medicaid’s right to reimbursement is wholly dependent on the recovery right of its recipient.”
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