The Iowa Supreme Court sent two medical malpractice lawsuits back to district court after offering a new opinion on how the statute of limitations can be interpreted. The decision, which affects a breast cancer patient and a woman who had liver problems as a teenager, 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. “We choose this approach because it is … fair to patients, doctors and the medical malpractice industry,” the court wrote in its ruling. The district courts, citing previous Supreme Court opinions, had dismissed both malpractice lawsuits after deciding the limitations period had expired. Justices acknowledged that the lower courts correctly applied the law but said a different interpretation was needed to better protect patients. The Supreme Court said the lawmakers can intervene if they believe the rulings violate the statute’s purpose.
Please click on the link below to read the Insurance Journal article:
http://www.insurancejournal.com/news/midwest/2008/02/25/87604.htm
For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.
