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Iowa Medical Liability/Malpractice Statutes of Limitation
All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.
Iowa Code §614.1 Two years from reasonable discovery but not more than six years from injury unless foreign object caused injury. Minors under age 8: until 10th birthday or same as adults, whichever is later.
Iowa Medical Liability/Medical Malpractice Laws
Damage Award Limit or Cap
§147.136. In an action for damages the damages awarded shall not include actual economic losses incurred or to be incurred in the future by the claimant by reason of the personal injury, including but not limited to, the cost of reasonable and necessary medical care, rehabilitation services, and custodial care, and the loss of services and loss of earned income, to the extent that those losses are replaced or are indemnified by insurance, or by governmental, employment, or service benefit programs or from any other source except the assets of the claimant or of the members of the claimant's immediate family.
Limits on Attorney Fees
§147.138. The court shall determine the reasonableness of any contingent fee arrangement between the plaintiff and the plaintiff's attorney.
§668.3. Any party may petition the court for a determination of the appropriate payment method of such judgment or award. If so petitioned the court may order that the payment method for all or part of the judgment or award be by structured, periodic, or other nonlump-sum payments. However, the court shall not order a structured, periodic, or other nonlump-sum payment method if it finds that any of the following are true: a. The payment method would be inequitable. b. The payment method provides insufficient guarantees of future collectibility of the judgment or award. c. Payments made under the payment method could be subject to other claims, past or future, against the defendant or the defendant’s insurer.
Patient Compensation or Injury Fund
Medical or Peer Review Panels
§147.135. Confidentiality and immunity for peer review committees