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VACHON v. STATE3/23/1994
I. Introduction
Maurice and Kathie Vachon ("Vachons") appeal from the entry of summary judgment against them with regard to their medical malpractice suit against the State of Iowa. The Johnson County District Court entered summary judgment against the Vachons on the ground that their claims against the State are time barred. The Vachons appeal to this court, claiming a genuine issue of material fact exists regarding the application of the discovery rule to their claims against the State. The State cross-appeals claiming the district court erred in holding the discovery rule applied to claims governed by the Iowa State Tort Claims Act. Iowa Code ch. 25A (1991) (now codified at Iowa Code ch. 669 (1993)). A further dispute occurs regarding the applicable statute of limitations in this case. The Vachons claim Iowa Code section 614.1(9) governs. The State contends Iowa Code section 669.13 controls.
II. Standard of Review
Our review in this case is for errors at law. Iowa R. App. P. 4. This appeal stems from the entry of summary judgment in favor of the State. Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Sparks v. Metalcraft, Inc., 408 N.W.2d 347, 350 (Iowa 1987). The burden of showing the absence of a genuine issue of material fact is with the moving party. Id. Every legitimate inference that can reasonably be made from the evidence should be afforded the nonmoving party. Id. A fact question exists if reasonable minds could differ as to how a factual issue should be resolved. Id. [514 NW2d Page 444]
III. Factual Background
The factual background of this case is succinctly discussed in our prior decision of Vachon v. Broadlawns Medical Foundation, 490 N.W.2d 820, 821-22 (Iowa 1992) ("Vachon I"). We need only discuss here the undisputed facts of particular relevance to this appeal.
On October 9, 1987 a car struck Maurice Vachon while he walked on a gravel road near Des Moines. He was taken to Broadlawns Hospital for treatment. That same day, Broadlawns transported Vachon by ambulance to the University of Iowa hospital. Doctors at the University of Iowa diagnosed "compartment syndrome" in Vachon's right leg. Vachon received treatment for compartment syndrome for several days. On October 16, 1987 doctors amputated Vachon's right leg slightly below the knee.
On May 25, 1988 the Vachons retained legal counsel. On March 20, 1989 an attorney for the Vachons requested the release of Vachon's medical records from the University of Iowa Hospital. These records were mailed to the Vachons' attorneys on March 27, 1989.
On August 25, 1989 the Vachons sued Broadlawns Hospital, the two doctors who treated him there, and the State, under the theory of respondeat superior, for medical malpractice and loss of consortium. The Vachons' suit alleged negligence on the part of the Broadlawns doctors in failing to diagnose, care, and properly treat the compartment syndrome. On November 21, 1990 a jury entered a verdict in favor of the Vachon I defendants. We affirmed that verdict on September 23, 1992. Id. at 820.
On May 7, 1990 the Vachons' attorney received a letter from Dr. Charles Sisk stating the following:
It is noteworthy that a diagnosis of compartmental syndrome was missed by the emergency room physician at the University of Iowa who apparently was a third-year orthopedic resident and that no diagnosis was suspicioned or confirmed until the patient arrived in the operating room.
On July 8, 1991 the Vachons filed suit against the State alleging essentially the same cause of action they pu
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