Heyl Royster Obtains Victory for Radiologist in Iowa Supreme Court

A woman underwent knee replacement surgery and developed respiratory distress. Shortly after the operation, she fell while hospitalized and suffered a fractured femur, which a radiologist allegedly failed to detect on an X-ray. The following day, February 5, 2021, she fell again, resulting in a more severe fracture, which caused fat emboli to enter her bloodstream, leading to a pulmonary embolism that caused her death on February 17, 2021. Exactly two years later, the woman’s estate sued the radiologist and other defendants for wrongful death in Polk County, Iowa District Court.

Under Mike Denning’s supervision, our team at Heyl Royster obtained summary judgment in favor of the radiologist on statute of limitations grounds. The district court agreed with our contention that the lawsuit was untimely under Iowa’s two-year statute of limitations for medical malpractice actions. The district court determined that the estate knew or should have known of the injury and its cause by February 5, 2021, and because the estate filed its petition more than two years later on February 17, 2023, the suit was time-barred.

On appeal to the Iowa Supreme Court, Rockford Shareholder Chris Drinkwine argued that the district court’s judgment was entirely correct. The Court agreed and affirmed the district court’s decision, holding that wrongful-death claims based on medical malpractice are derivative of the decedent’s personal injury claims. When the injury and its negligent cause are known during the decedent’s lifetime, the limitations period begins at that time—not on the date of death. The Iowa Supreme Court explained that because the estate had knowledge of the injury and its cause by February 5, 2021, the wrongful-death action was untimely and barred by the statute of limitations. The case is Estate of Cataldo by Mead v. RCHP-Ottumwa, LLC, 32 N.W.3d 1 (Iowa 2026). Chris’ appellate advocacy in this matter led to the definitive clarification of a disputed issue in Iowa civil litigation.

Heyl Royster serves communities throughout the Midwest and beyond with seven regional offices and a national reputation in litigation. Heyl Royster has premier trial and appellate attorneys with an exceptional record of success in defending medical malpractice claims.