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| 1 | 1 | House Study Bill 210 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON NORDMAN) A BILL FOR An Act relating to medical malpractice claims, including expert 1 witness certificate of merit affidavits. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2460YC (5) 91 cm/jh | |
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| 3 | 3 | H.F. _____ Section 1. Section 147.140, subsection 1, paragraphs a and 1 b, Code 2025, are amended to read as follows: 2 a. In any action for personal injury or wrongful death 3 against a health care provider based upon the alleged 4 negligence in the practice of that profession or occupation or 5 in patient care, which includes a cause of action for which 6 expert testimony is necessary to establish a prima facie case, 7 the plaintiff shall, prior to the commencement of discovery in 8 the case and within sixty days of the defendants answer, serve 9 upon the defendant a certificate of merit affidavit affidavits 10 signed by an each expert witness with respect to the issue 11 all issues of standard of care , and an alleged breach of the 12 standard of care , and causation to be litigated in the action . 13 The Each expert witness must meet the qualifying standards of 14 section 147.139 . 15 b. A All certificate of merit affidavit affidavits must 16 be signed by the each expert witness and certify the purpose 17 purposes for calling the expert witness by providing under the 18 oath of the expert witness all of the following: 19 (1) The expert witnesss statement of familiarity with the 20 applicable standard of care. 21 (2) The expert witnesss statement that the standard of care 22 was breached by the health care provider named in the petition. 23 (3) The expert witnesss statement that the breach caused 24 the personal injury or wrongful death. 25 Sec. 2. Section 147.140, Code 2025, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 6A. A motion challenging whether a 28 certificate of merit was signed under oath shall be made no 29 later than sixty days from the date the certificate of merit 30 was filed. Any other motion challenging a certificate of merit 31 must be made no later than sixty days before trial. Once a 32 motion to challenge a certificate of merit is filed, a party 33 shall not withdraw and refile the certificate, except to 34 provide missing expert or notary signatures, nor shall a party 35 -1- LSB 2460YC (5) 91 cm/jh 1/ 2 | |
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| 5 | 5 | H.F. _____ voluntarily dismiss the action and refile the certificate of 1 merit. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanations substance by the members of the general assembly. 5 This bill relates to expert witness certificate of merit 6 affidavits in medical malpractice claims. A certificate of 7 merit affidavit is a sworn statement from a medical expert 8 that a claim for personal injury or wrongful death against a 9 health care provider has merit. In an action for personal 10 injury or wrongful death against a health care provider based 11 upon alleged negligence in the practice of that profession or 12 in patient care, the bill requires the plaintiff, within 60 13 days of the defendants answer, to serve upon the defendant a 14 certificate of merit affidavit for each expert witness who will 15 testify with respect to the issues of standard of care, breach 16 of standard of care, and causation. A certificate of merit 17 affidavit must be signed by the expert witness and certify the 18 purpose for calling the expert witness by providing under the 19 oath of the expert witness the expert witnesss statement of 20 familiarity with the applicable standard of care; statement 21 that the standard of care was breached by the health care 22 provider; and statement that the breach of the standard of care 23 was the cause of the injury or death. 24 The bill provides any motion to challenge whether a 25 certificate of merit was signed under oath must be made within 26 60 days from the date the certificate of merit was filed. 27 Any other motion to challenge a certificate of merit must be 28 made at least 60 days before trial. A party may not withdraw 29 and refile a certificate of merit unless it is to provide the 30 missing expert witnesss signature or a notary signature. A 31 party is also not allowed to voluntarily dismiss the action and 32 refile it. 33 -2- LSB 2460YC (5) 91 cm/jh 2/ 2 |