Iowa Supreme Court: Medical Malpractice Statute of Limitations Runs From First Knowledge of Extent and Cause of Injury

The Iowa Supreme Court sent two medical malpractice lawsuits back to district court last week after announcing a new decision on how the statute of limitations should be interpreted. The decision, which affects a breast cancer patient and a woman who had liver problems as a teenager, could allow more leeway for when patients can file negligence claims.

Justices ruled that the statute's two-year window should begin when patients know the extent and cause of their illness or injury, not necessarily when their symptoms are initially diagnosed. "We choose this approach because it is ... fair to patients, doctors and the medical malpractice industry," the court wrote.

The district courts, citing previous Supreme Court opinions, had dismissed both malpractice lawsuits after deciding the limitations period had expired.