Iowa Medical Malpractice Statute of Limitations

In some cases, a medical professional either acts, or fails to act, with the professionalism and level of care that is due to a patient.  If it is determined that a doctor acted negligently, by a standard that is not in keeping with the prevailing standards of the medical community, and that the patient was injured as a result, the patient can file a medical malpractice claim in the state where the negligence occurred.  The primary requirement to consider while determining if such a lawsuit is appropriate is the statute of limitations in that state.  Each state has its own laws and limits for filing such claims, but if the suit is not filed within that limit, it cannot be filed at all.  The state of Iowa generally requires that such suits be filed within 2 years of the injury.

Time Limits for Filing a Claim in Iowa

The standard statute of limitations for medical malpractice lawsuits in Iowa is 2 years.  However, if the victim did not immediately discover the injury, they have 2 years from the date they did discover the injury or that they should have discovered the injury.  However, the suit may not be filed any more than 6 years after the date of the initial injury.  Minors under the age of 8 have 2 years to file suit, or until their 10^th birthday, whichever is later.  Minors 8 years of age or older have the same 2-year statute of limitations as adults do.  If the medical malpractice resulted in the wrongful death of the patient, the statute of limitations is 2 years from the date of death.

Negligence Laws

In addition to the statute of limitations laws in negligence cases, an expert witness must be qualified in an area relating to the treatment or illness that is the subject of the medical malpractice lawsuit.  In addition, written arbitration agreements will be binding and irrevocable.  The court can also review the attorney fees in a malpractice claim at its discretion, and order periodic payments of future damage payments as well.  Additional negligence laws can be found in the following chart:

Award Limits in Iowa

Many states have incorporated tort reform into their negligence laws; however, Iowa does not place any caps on damage awards in medical malpractice cases.

Legal Help

Medical malpractice lawsuits are situations in which it is not recommended that plaintiffs do it their way.  These cases are complicated and can take months or even years to complete.  Few people who are not trained and experienced in these detailed legal actions can keep track of all the papers and forms to file, the evidence to pursue, the expert witnesses to call, and the negotiations that will be effective.  Medical malpractice attorneys have experience in doing just that, and they can provide the assistance necessary to bring a complex case like this to a positive conclusion.