In recent years, the medical / hospital / health care lobby has been pushing for legislation that will restrict the ability of those who have been injured by substandard medical care to bring a medical malpractice lawsuit. This is a continuing battle by the medical industry to restrict the rights of those who have been injured by medical malpractice.
Hospitals may be Liable
Medical malpractice suits can hold hospitals liable for malpractice committed by their employees under the legal doctrine of “Respondeat Superior”. To hold an employer responsible, the plaintiff must show that the employee was performing within the requirements of their employment when the negligence occurred. This can be very important in ensuring that the plaintiff will be able to recover financial damages.
Statue of Limitations
This is the time limit set by the Iowa legislature to bring your medical malpractice lawsuit. The Iowa statute of limitations is found at section 614.1(9) in the Code of Iowa. The general rule is the claim must be brought within two years of the negligent act. An injury to a child who is under the age of eight (8) when the act occurs has until their tenth birthday to bring a claim.
There may be other considerations that could extend the statute of limitations in specific cases. Please call us at the James Law Firm, we would be happy to talk with you about these and other issues that may affect your possible claim.