Schultze v. Landmark Hotel Corp.

SCHULTZ, Justice.

In this appeal the issue is whether the statute of limitations for medical malpractice actions for wrongful death under Iowa Code section 614.1(9) (1987) 1 begins to run on discovery of the death or on discovery of the wrongful act that caused the death. The district court held that the limitation period commenced on the date the medical treatment factors relating to the wrongfulness of the death are known, or should have been known through the use of reasonable diligence. We hold that the limitation period in subsection 9 commences on the date the death is discovered.

On May…