Senate Study Bill 3053 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to the statute of repose for medical 1 malpractice claims. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5629XC (2) 86 jh/nh

S.F. _____ Section 1. Section 614.1, subsection 9, paragraph a, Code 1 2016, 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 13 event shall any action be brought more than six years after 14 the date on which occurred the act or omission or occurrence 15 alleged in the action to have been the cause of the injury 16 or death unless a foreign object unintentionally left in the 17 body caused the injury or death or the cause of the injury or 18 death could have been avoided or minimized if the physician and 19 surgeon, osteopathic physician and surgeon, dentist, podiatric 20 physician, optometrist, pharmacist, chiropractor, physician 21 assistant, or nurse, licensed under chapter 147, or hospital 22 licensed under chapter 135B, had properly interpreted the 23 patient’s test results and had communicated those results to 24 the patient in a timely manner . 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the statute of repose for medical 29 malpractice claims. 30 Under current law, medical malpractice claims are subject 31 to a two-year statute of limitations and six-year statute of 32 repose. A statute of limitations bars the right to bring an 33 accrued action after a specified time, whereas a statute of 34 repose terminates any right of action after a specified time, 35 -1- LSB 5629XC (2) 86 jh/nh 1/ 2

S.F. _____ regardless of whether or not an injury has yet occurred. 1 Specifically, current Code section 614.1(9)(a) requires 2 that medical malpractice claims be brought within two years 3 after the date on which the claimant knew, should have known 4 through the use of reasonable diligence, or received notice 5 in writing of the existence of, the injury or death for which 6 damages are sought in the action, whichever of the dates occurs 7 first. Current Code section 614.1(9)(a) bars actions brought 8 more than six years after the date of the act or omission 9 alleged to have been the cause of the injury or death, but 10 exempts from the statute of repose cases where a foreign object 11 was unintentionally left in the body and caused the injury or 12 death. 13 The bill provides a second exception to the six-year statute 14 of repose. Under the bill, if the cause of the injury or 15 death could have been avoided or minimized had the physician 16 and surgeon, osteopathic physician and surgeon, dentist, 17 podiatric physician, optometrist, pharmacist, chiropractor, 18 physician assistant, nurse, or hospital properly interpreted 19 the patient’s test results and communicated those results to 20 the patient in a timely manner, the six-year statute of repose 21 does not apply. 22 -2- LSB 5629XC (2) 86 jh/nh 2/ 2