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Ratcliff v. Graether5/13/2005
f's claims are barred by the two-year statute of limitations found in Iowa Code section 614.1(9).
Later, the defendants filed a motion for summary judgment, asserting that the action was time-barred by section 614.1(9). Ratcliff resisted, contending that the continuous treatment doctrine tolled the statute of limitations. The district court denied the motion, ruling that genuine issues of material fact existed. The ruling discussed the possible application of the continuous treatment doctrine.
Following the district court's ruling, the defendants filed their second motion for summary judgment. In it the defendants asked the court to assume, for the purposes of the motion only, that the continuous treatment doctrine would be adopted and would be applied in this case. Even assuming adoption of the continuous treatment doctrine, the defendants contended the single act exception applied to the case and the action was therefore barred by the statute of limitations.
The district court granted the motion and dismissed the case. The district court noted that Ratcliff saw Mauer in December 1997 and left his office with the impression that the April 30, 1997 LASIK procedure was the cause of his visual problems. Under these circumstances, the district court reasoned, it was inappropriate to apply the continuous treatment doctrine after December 1997. The court concluded that because the statute of limitations expired in 1999 and Ratcliff did not file his petition until November 2000, the action was barred.
Ratcliff filed a motion to enlarge or amend findings pursuant to Iowa Rule of Civil Procedure 1.904(2). In its ruling on this motion, the district court concluded that the single act exception applied because Ratcliff was on immediate notice of his injury when, following the surgery, his left eye vision was impaired. The court reasoned that, under the single act exception, if there is a single act of malpractice, subsequent time and effort to remedy or cure the act does not toll the statute of limitations. Additionally, the court ruled, even if the continuous treatment doctrine were to be applied in this case, it could not be applied later than the December 1997 consultation with Mauer.
Following this latter ruling, Ratcliff appealed.
III. Issues
On appeal, Ratcliff raises three issues, only one of which we need to address: whether the continuous treatment doctrine applies to toll the statute of limitations.
IV. Scope of Review
We recently summarized rules governing motions for summary judgment in Berte v. Bode:
"Summary judgment is appropriate only if the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. There is no fact issue if the only dispute concerns the legal consequences flowing from the undisputed facts. Our review is therefore limited to whether a genuine issue of material fact exists and whether the district court correctly applied the law."
692 N.W.2d 368, 370 (Iowa 2005) (citation omitted).
V. Analysis
The statute of limitations for medical malpractice claims provides in relevant part:
Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specifically declared:
9. Malpractice
a. Except as provided in paragraph "b", those founded on injuries to the person . . . against any physician and surgeon . . . arising out of patient care, within two years afte
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