State lawmakers advance bill that would remove time limits for some medical malpractice suits
State lawmakers in Iowa have advanced a bill that would remove time limits for certain medical malpractice suits, drawing concern from local physicians.
Currently, Iowans must file a lawsuit within six years of an injury or death from which they are seeking damages. However, the bill would remove this time limit in instances where a provider concealed the cause, the Daily Iowan reported.
At a recent hearing, Elizabeth Downey—daughter of Linda Berry, who died from kidney cancer in 2019—spoke in favor of the policy. Her mother underwent a CT scan in 2004, with a radiologist noting she had a tumor on her kidney. However, the finding was never relayed to her primary physician.
“In my opinion, because of the statute of repose, they said, ‘Your life’s not worthy,’ and my mom died in vain,” Downey told lawmakers.
Meanwhile, lobbyists for physician groups including the Iowa Medical Society testified against the bill. They’re concerned the definition of concealment is too broad, and that doctors could be punished for not disclosing findings they believe to be unimportant.
The proposal has drawn bipartisan support and now moves to the full Senate Judiciary Committee.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.