State High Courts Sends Two Malpractice Cases Back to District Court

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By Bree'Ann Hildreth

Story Created: Feb 23, 2008 at 5:50 AM CST

Story Updated: Feb 23, 2008 at 5:50 AM CST

DES MOINES (AP) - The Iowa Supreme Court has sent two
medical malpractice lawsuits back to district court.

Justices ruled that the two year statue of limitations window should begin when patients know the extent and cause of their illness or injury, not necessarily when their symptoms are initially diagnosed.

The decision could allow more leeway for when patients can file negligence claims.

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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