91st General Assembly
Relating to the statute of repose in medical malpractice claims
Sponsored by Sen. Mark S. Lofgren (R)
Topics:Courts & civil lawHealth care
Same legislation: HF 256
Where it is now
- Done: IntroducedJanuary 13, 2025
- Done: SubcommitteeJanuary 14, 2025
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: House committeeFunnel: by March 20, 2026
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2026 session adjourned on May 3, 2026, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary Currently, people cannot sue for medical malpractice if more than six years have passed since the incident, unless a foreign object was accidentally left in their body. This bill adds a new rule that allows these lawsuits even after six years if a healthcare provider or hospital hid the cause of the injury or death. This change affects patients seeking damages from doctors, dentists, nurses, and other medical professionals.1
Read the official explanation
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. 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.
Why it matters. Patients seeking damages for medical malpractice would be able to file lawsuits more than six years after an injury or death if a healthcare provider or facility concealed the cause of the harm. This change would affect various medical professionals, including doctors, dentists, pharmacists, and nurses, as well as hospitals and their staff.2
Senate subcommittee
Named January 14, 2025. It hasn’t reported yet.
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
Courts interpreting this law
- Victoria Abrahamson, Hana Schroeder, Jody Schroeder, Terry Schroeder, Samantha Johnson, Bre Ahna Boggess f/k/a Bre Ahna …
- Criminal appeal No. 24-1017
- Silvia R. Cianzio v. Iowa State University, State of Iowa and Board of Regents, State of Iowa
- Dupaco Community Credit Union v. Iowa District Court for Linn County
- Ron Myers v. City of Cedar Falls
Opinions of Iowa’s appeals courts that cite this part of the Iowa Code.5
Lobbying
4 for · 7 against · 20 undecided · Who →
Family tree
Tried before
91st General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- HF 2127 Relating to statute of repose in medical malpractice claims90th General Assembly · In committee · same titleCleared committee
Matched by wording or an identical title.