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How long do I have to file an Iowa medical malpractice case?

There is a limited time period to file a medical malpractice claim in IowaLike all other states, Iowa limits the amount of time that you have to file a lawsuit if you’ve been hurt or if you’ve lost a loved one because of medical malpractice.

The Rule in Iowa

Iowa has a two-part statute of limitations for medical malpractice. Medical malpractice victims typically have:

  • Two years from the time they know about, or should have reasonably known about, the medical malpractice injury.
  • No more than six years from the date that the medical malpractice occurred to file a claim.

Both parts of the statute of limitations must be satisfied in order to bring an action.

Are There Exceptions?

There are two significant exceptions to the Iowa medical malpractice statute of limitations. Specifically:

  • The six-year part of the statute of limitations does not apply to objects left in the body. For example, if a surgical instrument or a sponge was left in your body during surgery, then only the two-year part of the statute of limitations applies and the six-year part is inapplicable.
  • Children who were hurt before their eighth birthday may file within the statute of limitations or no later than their tenth birthday. This is significantly different from the statute of limitations exception for minors for other types of personal injury cases.

Thus, if you have been injured by medical malpractice then it is important to take action as soon as possible. You can get started by scheduling a free, no-obligation consultation with an experienced medical malpractice attorney today. Simply call us at 1-800-800-5678 or start a live chat with us now to learn more.

Jason F. Abraham
Managing Partner, Hupy and Abraham