When does my lawsuit need to be
filed?
One of the first things we do for a potential medical
malpractice client at Hayes Lorenzen Lawyers is attempt to determine our potential client's
Statute of Limitations. In laymen’s
terms, this is the amount of time a plaintiff has in a personal injury case,
such as a medical practice case, to file a lawsuit. This determination is
crucial. If you don’t file the lawsuit in time Iowa law bars you from filing it later.
Determining the Statute of Limitations date can sometimes be
a complicated and fact-intensive determination. As with many legal issues, it
is best to seek the advice of an experienced attorney as soon as possible on
Statute of Limitations questions as numerous considerations come into play.
A. THE MEDICAL MALPRACTICE STATUTE
OF LIMITATIONS IN IOWA: GENERAL RULE
In Iowa, medical malpractice cases must be filed “within two
years after the date on which the claimant knew, or through the use of
reasonable diligence should have known, or received notice in writing of the
existence of the injury or death for which damages are sought.” With many cases it is easy to determine the Statute of Limitations under this rule as the healthcare provider’s negligent
act is readily apparent and noticeable.
Acts such as operating on the wrong limb or administering the wrong
medication are often immediately noticeable. In cases such as these, it is
relatively simple to find a date two years from these readily apparent events.
The Statute of Limitations gets tricky in cases where the
malpractice is not immediately apparent.
For instance, a radiologist may have negligently interpreted an x-ray that
results in the patient not receiving an operation they need. This mistake may not be discovered for months
until the patient becomes more symptomatic and sees another physician who
discovers and points out the misread x- ray in a subsequent office visit. In “discovery rule” cases such as this
hypothetical, the Statute of Limitations does not start until the patient knew,
or should have known through reasonable diligence both the physical/mental harm
and its cause in fact. This rule was established in part though the litigation
of Hayes Lorenzen Lawyers in the Rathje v. Mercy Hospital case, which liberalized the discovery rule in Iowa.
B. STATUTE OF REPOSE: WHEN
NEGLIGENCE CONTINUES TO GO UNDISCOVERED
Occasionally it will take many years for a patient, acting
reasonably, to discover medical malpractice negligence. In these cases, Iowa law sets a six year
limit from the date of the negligent act or omission. So in the case of our
hypothetical patient whose radiologist negligently interpreted an x ray, if
this is not discovered within six years the patient cannot bring a claim. The
only exception on this six year limit is when a foreign object is unintentionally
left in the body, which eventually causes injury or death.
C. MINORS UNDER EIGHT: A
DIFFERENT RULE
If malpractice is committed against a minor who is under 8
when the act or omission occurs the minor has two years or until their 10th
birthday, whichever is later in which to file suit. This more liberal rule takes into account the
fact that it sometimes takes years to get an informed understanding of the
extent of a minor’s damages. However, if
the minors parents want to become plaintiffs as well they only have two years
to file suit to protect their claims.
D. OTHER PERSONAL INJURY CASES
At Hayes Lorenzen Lawyers, we don’t just represent medical
malpractice clients, but also represent clients in other personal injury cases
such as industrial accidents, motor vehicle accidents, fires and explosions,
etc. In these cases the statute of limitations is two years from the date of
the accident/injury.
