What Is Iowa's Statute of Limitations for a Medical Malpractice Lawsuit?

If you're thinking about filing a lawsuit over harm caused by sub-standard medical care in Iowa—whether at the hands of a doctor or some other health care professional—it's crucial to understand how the state's medical malpractice statute of limitations applies to your situation.

What Is a Medical Malpractice Statute of Limitations?

A statute of limitations is a law that puts a strict limit on how much time you have to go to court and get a lawsuit started. Like a lot of states, Iowa has a specific statute of limitations for medical malpractice lawsuits. Iowa Code section 614.1 says that this kind of case must be filed within two years.

When Does the Statute of Limitations "Clock" Start Running?

The language of the statute says that the two-year time period starts on 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 harm caused by the alleged malpractice. In plain English, that means the statute of limitations clock starts running at the point when you actually know you have a case, or should reasonably be on notice that you have one, considering all the circumstances.

What Is the "Statute of Repose" for Iowa Medical Malpractice Lawsuits?

There is a larger catch-all deadline (known as a "statute of repose" in legalese) for medical malpractice lawsuits filed in Iowa, which says that "in no event" shall any such case be brought more than six years after the date on which the alleged malpractice occurred. So, once six years have passed, your right to file a medical malpractice lawsuit is lost in Iowa, even if you didn't know (and couldn't have known) that you were harmed by malpractice during that time.

Special Rules for Iowa "Foreign Object" Medical Malpractice Cases

The only exception to this larger six-year deadline is for medical malpractice cases where "a foreign object unintentionally left in the body caused the injury or death." In those situations—where a sponge or surgical instrument is left at the surgery site, for example—the patient has the typical two-year time period in which to start the case once the medical error is discovered, and there is no over-arching six-year deadline.

What Happens If You Miss the Filing Deadline In Iowa?

If the lawsuit-filing deadline has passed and you try to file your medical malpractice case anyway, you can count on the defendant (the doctor or hospital you're suing) asking the court to dismiss the case, and the court granting the motion. If that happens, that's the end of your lawsuit. That's why it is crucial to pay attention to and abide by Iowa's medical malpractice statute of limitations as it applies to your situation.

It's probably a good idea to speak to an experienced Iowa lawyer as soon as you think you might have suffered harm because of medical malpractice, to make sure your rights are protected and all your options stay open. Learn more about how a medical malpractice lawyer can help your case.