Iowa Medical Malpractice Laws

The 6-year statute of repose does not apply when a foreign object was unintentionally left in the body and caused the injury or death.

The 6-year statute of repose does not apply when the healthcare provider concealed the cause of the injury or death from the patient.

Minority tolling does not extend beyond the 6-year statute of repose in medical malpractice cases. The repose period acts as an absolute bar, even for minors.

Non-economic damages are capped at $250,000 unless the jury determines there is substantial or permanent loss of a bodily function, substantial disfigurement, loss of pregnancy, or death. No cap on economic damages.

When the jury finds substantial/permanent impairment, disfigurement, or death, the cap rises to $1,000,000 against a health care provider.

When a hospital is a defendant and the jury finds substantial/permanent impairment, disfigurement, or death, the cap rises to $2,000,000. These caps increase by 2.1% annually starting January 1, 2028.

Plaintiff must serve a certificate of merit affidavit signed by a qualified expert within 60 days of the defendant's answer. The affidavit must certify that the applicable standard of care was breached and describe how. Failure to serve results in dismissal with prejudice.

Expert witnesses must be licensed to practice in the same or substantially similar field as the defendant and must have actively practiced in that field for at least 5 of the years preceding the alleged malpractice. Must hold a current, active license.

In medical malpractice cases, if a patient's medical expenses are covered by a private insurer, the patient cannot personally recover those expenses. If covered by Medicaid, recovery is allowed. Iowa has partially abrogated the collateral source rule for medical malpractice.