House
File
2127
-
Introduced
HOUSE
FILE
2127
BY
JONES
(COMPANION
TO
SF
2035
BY
LOFGREN)
A
BILL
FOR
An
Act
relating
to
statute
of
repose
in
medical
malpractice
1
claims.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5598YH
(1)
90
cm/jh
H.F.
2127
Section
1.
Section
614.1,
subsection
9,
paragraph
a,
Code
1
2024,
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
licensee’s
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
explanation’s
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
5598YH
(1)
90
cm/jh
1/
2
H.F.
2127
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
5598YH
(1)
90
cm/jh
2/
2