Bills › 90th General Assembly

SF 2035Died when the session ended · January 17, 2024

Relating to statute of repose in medical malpractice claims

Topics:Courts & civil lawHealth care

Same legislation: HF 2127

Where it is now

  1. Done: IntroducedJanuary 10, 2024
  2. Done: SubcommitteeJanuary 11, 2024
  3. Stopped: Senate committeeDied when the General Assembly ended
  4. Next: Passes the Senate
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The General Assembly adjourned on April 19, 2024. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill relates to the statute of repose for medical malpractice claims. Under current law, medical malpractice claims are subject to a two-year statute of limitations and six-year statute of repose. A statute of limitations bars the right to bring an accrued action after a specified time, whereas a statute of repose terminates any right of action after a specified time, regardless of whether or not an injury has yet occurred.1(9)(a) requires that medical malpractice claims be brought within two years after the date on which the claimant knew, should have known through the use of reasonable diligence, or received notice in writing of the existence of, the injury or death for which damages are sought in the action, whichever of the dates occurs first.

Read the full explanation

1(9)(a) bars actions brought more than six years after the date of the act or omission alleged to have been the cause of the injury or death, but exempts from the statute of repose cases where a foreign object was unintentionally left in the body and caused the injury or death. The bill provides a second exception to the six-year statute of repose. Under the bill, if the cause of the injury or death was concealed from the person by the physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, nurse, or hospital, or their staff, the six-year statute of repose does not apply.

From the explanation printed with the bill as introduced, written by the Legislative Services Agency. Amendments adopted later aren’t reflected. Full bill text

Senate subcommittee

Named January 11, 2024. On January 17, 2024 it recommended passage. [].

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Iowa Code it changes

Amends§614.1

Read from the bill as introduced. Each links to every bill touching that chapter of the Iowa Code. How the Code works

Lobbying

2 for · 4 against · 13 undecided · Who →

Family tree

Where this legislation came from and where it went: earlier tries, the versions it moved through this Assembly, and later bills built on it.

Earlier and later bills are matched by wording or an identical title; check the text to be sure it’s the same idea.

Similar bills

  • HF 256 Relating to the statute of repose in medical malpractice claims
    91st General Assembly · Subcommittee recommends passage
    Nearly identical

Matched by the wording of each bill’s explanation, or an identical title. Companion bills and renumbered versions of this bill aren’t listed; they’re the same bill.