Iowa

 Statute of

   Limitations

 Medical Claim Generally:

The statute of limitations in Iowa is 2 years after the claimant knew, or through the use of reasonable diligence should have known of the alleged negligence, but cannot be filed more than 6 years after the event.  When foreign object is left inside the patient’s body, the statute of limitations is tolled until discovery. If the defendant concealed the malpractice, statute of limitations doesn’t begin until the injured party discovers or should have reasonably discovered the injury [IC § 614.1(9)(a)] .

 Minors:

Minors “shall have one year from and after attainment of majority within which to file a complaint."  If the minor was under 8 years old at the time of the injury, the lawsuit must be filed by the minor's 10th birthday or within two years of the injury, whichever is sooner [IC § 614.8(2)]

 Wrongful death:

A wrongful death claim must be brought within 2 years of the date of death [IC § 614]

 Damage Caps

Non-economic damages are limited to $2 million in lawsuits against hospitals and $1 million in lawsuits against clinics and individual doctors. The law does not limit economic damages, such as money awarded for financial losses, or punitive damages in cases of "willful and wanton disregard" for a patient's safety. Starting in 2028, the caps will increase by 2.1% each year.

 Attorney Fee Caps

Iowa currently has no attorney fee caps other than the general requirement of reasonableness  [Rule 32:1.5 of the Iowa Rules of Professional Conduct]

 Pre-suit   Requirements

“In any action for personal injury or wrongful death against a health care provider based upon the alleged negligence in the practice of that profession or occupation or in patient care, which includes a cause of action for which expert testimony is necessary to establish a prima facie case, the plaintiff shall, prior to the commencement of discovery in the case and within sixty days of the defendant’s answer, serve upon the defendant a certificate of merit affidavit signed by an expert witness with respect to the issue of standard of care and an alleged breach of the standard of care.” [IC § 147.140(1)(a)]

 Expert   Qualifications

An expert may establish standard of care if “(1) The person is licensed to practice in the same or a substantially similar field as the defendant, is in good standing in each state of licensure, and in the five years preceding the act or omission alleged to be negligent, has not had a license in any state revoked or suspended. (2) In the five years preceding the act or omission alleged to be negligent, the person actively practiced in the same or a substantially similar field as the defendant or was a qualified instructor at an accredited university in the same field as the defendant. (3) If the defendant is board-certified in a specialty, the person is certified in the same or a substantially similar specialty by a board recognized by the American board of medical specialties, the American osteopathic association, or the council on podiatric medical education (4) (a) If the defendant is a licensed physician or osteopathic physician under chapter 148, the person is a physician or osteopathic physician licensed in this state or another state. (b) If the defendant is a licensed podiatric physician under chapter 149, the person is a physician, osteopathic physician, or a podiatric physician licensed in this state or another state.” [IC § 147.139]

 Negligent Credentialing   Claims

Plaintiffs attempted to access credentialing documents in order to establish a prima facie case for negligent credentialing, but the Supreme Court deemed they were privileged which frustrated plaintiffs’ goal of establishing a negligent credentialing claim. [Cawthorn v. Catholic Health Initiatives Iowa Corp. (2011)]