Understanding The Statute Of Limitations For Medical Malpractice Claims In Iowa
Last updated on August 20, 2024
Medical malpractice cases are immensely challenging and emotionally taxing. These claims are bound by a timeline set out by Iowa’s statute of limitations. If you fail to file an Iowa medical malpractice claim within the statute of limitations, you lose the opportunity to recover compensation.
At Hixson & Brown, P.C., we understand the complexities involved in filing a medical malpractice claim in Iowa. Our clients across the state trust us to handle their cases with care and diligence. We care deeply about helping the victims of medical malpractice learn about the law and how it affects their rights.
How Do Statutes Of Limitations Work?
A statute of limitations sets a deadline for filing a lawsuit. These laws exist to ensure evidence is fresh and reliable. Over time, evidence may degrade, or parties may lose it, and memories can fade, making it difficult to prove a case. However, these deadlines also mean that victims or their surviving loved ones have limited time to act. Missing the deadline can prevent you from seeking justice and recovering adequate compensation for your damages.
What To Know About Iowa’s Statute Of Limitations
Iowa Code Section 614.1 outlines the limitations for filing a medical negligence claim. According to the code, claimants generally have two years from the date that they learn of the injury or illness or should have learned of the injury or illness to file a lawsuit. There are several reasons why the state has such a statute of limitations. It helps ensure that victims have a fair opportunity to seek justice while also protecting health care providers from indefinite liability.
Iowa’s Statute Of Repose
In addition to the standard statute of limitations, Iowa also has a statute of repose. A statute of repose is the deadline after which a defendant is completely free of any liability. These differ from statutes of limitations as they completely shield certain parties from the threat of legal action after a certain period. This broader statute states that a victim cannot bring a medical malpractice claim more than six years after the date of the alleged malpractice. The only exception to this rule is if a foreign object is left inside a patient, causing injury or death. In such cases, the statute of repose does not apply.
What Happens If You Miss The Deadline?
We cannot overemphasize the importance of complying with Iowa’s statute of limitations. If you miss the deadline for filing a medical malpractice claim, you forfeit your right to recover compensation for your damages through a lawsuit. While you may still have the chance to negotiate a private settlement, it is likely to be much less than what you could recover through pretrial negotiations or a court award. This makes it crucial to act promptly and consult with an attorney as soon as you suspect medical malpractice.
How Our Medical Malpractice Attorneys Can Help You
Having legal counsel on your side is vital for complying with the statute of limitations. First, the details of filing a malpractice claim are immensely complex. There are numerous administrative details to keep in mind, and the legal jargon surrounding the process can make things seem overwhelming. To make an actionable claim, you also need substantial evidence, including medical records, physical examinations and expert testimony. A lawyer with experience handling medical negligence and personal injury claims will know how to gather this evidence promptly and efficiently. Making even a single error in the paperwork or misunderstanding an aspect of the legal process can derail your claim completely. If you have to start over – especially if the deadline looms – you might not file the claim in time. You should work with an attorney from the beginning to give yourself a fighting chance. Our Des Moines medical malpractice lawyers are committed to guiding you through every step of the process, from initial consultation to final resolution.
Learn More With Our Iowa Medical Malpractice Lawyers In A Free Consultation
At Hixson & Brown, P.C., we understand the urgency and complexity of medical malpractice claims. Our team can explain the law to you in detail and will act quickly to take legal action for you. Please contact us at 515-644-6133 or send us an email to schedule a consultation today.