House File 256 - Introduced HOUSE FILE 256 BY LOHSE (COMPANION TO SF 2 BY LOFGREN) A BILL FOR An Act relating to the statute of repose in medical malpractice 1 claims. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1059YH (2) 91 cm/jh
H.F. 256 Section 1. Section 614.1, subsection 9, paragraph a, Code 1 2025, is amended to read as follows: 2 a. Except as provided in paragraph b , those founded on 3 injuries to the person or wrongful death against any physician 4 and surgeon, osteopathic physician and surgeon, dentist, 5 podiatric physician, optometrist, pharmacist, chiropractor, 6 physician assistant, or nurse, licensed under chapter 147 , or a 7 hospital licensed under chapter 135B , arising out of patient 8 care, within two years after the date on which the claimant 9 knew, or through the use of reasonable diligence should have 10 known, or received notice in writing of the existence of, the 11 injury or death for which damages are sought in the action, 12 whichever of the dates occurs first , but . However, in no event 13 shall any action be brought more than six years after the date 14 on which occurred the act or omission or occurrence alleged in 15 the action to have been the cause of the injury or death unless 16 a any of the following are true: 17 (1) A foreign object unintentionally left in the body caused 18 the injury or death. 19 (2) The licensee or the licensees staff concealed from the 20 person the act, omission, or occurrence that was the cause of 21 the injury or death. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 This bill relates to the statute of repose for medical 26 malpractice claims. 27 Under current law, medical malpractice claims are subject 28 to a two-year statute of limitations and six-year statute of 29 repose. A statute of limitations bars the right to bring an 30 accrued action after a specified time, whereas a statute of 31 repose terminates any right of action after a specified time, 32 regardless of whether or not an injury has yet occurred. 33 Specifically, current Code section 614.1(9)(a) requires 34 that medical malpractice claims be brought within two years 35 -1- LSB 1059YH (2) 91 cm/jh 1/ 2
H.F. 256 after the date on which the claimant knew, should have known 1 through the use of reasonable diligence, or received notice 2 in writing of the existence of, the injury or death for which 3 damages are sought in the action, whichever of the dates occurs 4 first. Current Code section 614.1(9)(a) bars actions brought 5 more than six years after the date of the act or omission 6 alleged to have been the cause of the injury or death, but 7 exempts from the statute of repose cases where a foreign object 8 was unintentionally left in the body and caused the injury or 9 death. 10 The bill provides a second exception to the six-year statute 11 of repose. Under the bill, if the cause of the injury or 12 death was concealed from the person by the physician and 13 surgeon, osteopathic physician and surgeon, dentist, podiatric 14 physician, optometrist, pharmacist, chiropractor, physician 15 assistant, nurse, or hospital, or their staff, the six-year 16 statute of repose does not apply. 17 -2- LSB 1059YH (2) 91 cm/jh 2/ 2