The Statute of Limitations in Iowa Medical Malpractice Cases

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 10^th 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.