Iowa Hospital Sheds Widow’s Suit Over Fatal Catheter Error

May 26, 2026, 6:51 PM UTC

Iowa hospitals can no longer be sued for negligently retaining employees in situations where there’s no dispute they’d be vicariously liable for an employee’s injury-causing conduct, the state’s top court said.

Deciding an issue of first impression, the Iowa Supreme Court joined several other states in adopting the “preemption rule,” which says a plaintiff may not pursue a negligent retention claim where it’s undisputed that the employee was acting within the scope of their employment when the negligence occurred, and the employer is vicariously liable for its employee’s negligence.

Although a direct claim against an employer for negligently hiring, supervising, ...

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