Iowa law requires that party bringing malpractice action against health care provider provide defendants with an expert witness affidavit regarding the alleged breach of the applicable medical standard of care, referred to as “certificate of merit”. The Hummel decision was written by Justice Edward Mansfield and joined in full by all members of the Court except Justice Matthew McDermott, who filed special concurring opinion joined by Justice David May, and who joined Justice Mansfield’s opinion in part. The plaintiff’s doctor would clearly have qualified as an expert in 2018, the Court said, so the “fighting issue in this case” is whether he “was ‘licensed to practice’ in 2020, notwithstanding his retirement and the inactive and retired status of his licenses.
Iowa Supreme Court clarifies statutory “certificate of merit” requirements for medical malpractice suits – Nyemaster Goode On Brief
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