Medical Malpractice Rules in Iowa
The deadline to file a medical malpractice claim in Iowa, the discovery rule, and caps on damages.
Short answer: A claim for injury or death against a licensed physician, dentist, nurse, pharmacist, chiropractor or other listed provider, or a licensed hospital, arising out of patient care must be filed within two years after the claimant knew or reasonably should have known of (or received written… Iowa Code § 614.1(9)
| Medical malpractice deadline | A claim for injury or death against a licensed physician, dentist, nurse, pharmacist, chiropractor or other listed provider, or a licensed hospital, arising out of patient care must be filed within two years after the claimant knew or reasonably should have known of (or received written notice of) the injury or death, and never more than six years after the act or omission, unless a foreign object was unintentionally left in the body. For a child injured before age 8, the claim may be filed by the child's 10th birthday if that is later. Source: Iowa Code § 614.1(9) |
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| Medical malpractice caps | Yes. Non-economic damages against health care providers for one occurrence are capped at $250,000 total, regardless of the number of plaintiffs or defendants. If the jury finds substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death, and that the $250,000 limit would deny just compensation, the cap is $1,000,000, or $2,000,000 if a hospital is a defendant. The caps do not apply to a defendant who acted with actual malice, and they increase by 2.1% each January 1 starting in 2028. Loss of dependent care for a child or disabled adult is treated as economic damages. Source: Iowa Code § 147.136A |
More Iowa personal injury & wrongful death
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FAQ
What is the statute of limitations for medical malpractice in Iowa?
A claim for injury or death against a licensed physician, dentist, nurse, pharmacist, chiropractor or other listed provider, or a licensed hospital, arising out of patient care must be filed within two years after the claimant knew or reasonably should have known of (or received written notice of) the injury or death, and never more than six years after the act or omission, unless a foreign object was unintentionally left in the body. For a child injured before age 8, the claim may be filed by the child's 10th birthday if that is later.
Is there a cap on medical malpractice damages in Iowa?
Yes. Non-economic damages against health care providers for one occurrence are capped at $250,000 total, regardless of the number of plaintiffs or defendants. If the jury finds substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death, and that the $250,000 limit would deny just compensation, the cap is $1,000,000, or $2,000,000 if a hospital is a defendant. The caps do not apply to a defendant who acted with actual malice, and they increase by 2.1% each January 1 starting in 2028. Loss of dependent care for a child or disabled adult is treated as economic damages.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.