Estate of Anderson v. Iowa Dermatology Clinic, PLC

In this case, the Supreme Court was asked to review a summary judgment ruling dismissing a wrongful death action because it was commenced later than is allowed under Iowa Code 614.1(9), a statute of repose limiting the time allowed for commencing medical negligence cases. Plaintiffs contended their case should not have been dismissed because Defendants fraudulently concealed the fact that a tissue specimen harvested from Plaintiffs' decedent more than six years before the filing of this action was not evaluated by a board-certified pathologist. In the alternative, Plaintiff contended the continuum-of-negligent-treatment doctrine precluded the summary dismissal of this case notwithstanding the statute of repose. The Supreme Court affirmed, holding (1) section 614.1(9) in this case operated to extinguish the decedent's cause of action even before she and her husband knew it had accrued; and (2) under the the circumstances, the fraudulent-concealment doctrine and the continuum-of-negligent-treatment doctrine did not preserve Plaintiffs' causes of action, and section 614.1(9) denied Plaintiffs a remedy for negligent acts or omissions occurring more than six years prior to the commencement of this action. View "Estate of Anderson v. Iowa Dermatology Clinic, PLC" on Justia Law