Iowa Supreme Court Adds Twist to Medical Malpractice Opinion
By
Becky Ogann
Story Created:
Feb 22, 2008 at 6:25 PM CDT
Story Updated:
Feb 22, 2008 at 6:25 PM CDT
DES MOINES (AP) - The Iowa Supreme Court has sent two medical malpractice lawsuits back to district court.
Friday's decision affects a breast cancer patient and a woman who had liver problems as a teenager. It offers a new opinion on how the statute of limitations can be interpreted. The decision could allow more leeway for when patients can file negligence claims.
Justices ruled that the statute's two-year window should begin when patients know the extent and cause of their illness or injury -- not necessarily when their symptoms are initially diagnosed.
The district courts, citing previous Supreme Court opinions, had dismissed both malpractice lawsuits after deciding the limitations period had expired.
Justices acknowledge that the lower courts correctly applied the law. However, they say a different interpretation was needed to better protect patients. The Supreme Court says the lawmakers can intervene if they believe the rulings violate the statute's purpose.
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