S.F. 371 Section 1. Section 668.11, Code 2011, is amended to read as 1 follows: 2 668.11 Disclosure of expert witnesses in liability Liability 3 cases involving licensed professionals —— expert witnesses —— 4 malicious prosecution —— abuse of process . 5 1. a. A party in a professional liability case brought 6 against a licensed professional pursuant to this chapter who 7 intends to call an expert witness of their own selection, shall 8 certify to the court and all other parties the expert’s name, 9 qualifications , and the purpose for calling the expert within 10 the following time period: 11 a. (1) The plaintiff within one hundred eighty days of the 12 defendant’s answer unless the court for good cause not ex parte 13 extends the time of disclosure. 14 b. (2) The defendant within ninety days of plaintiff’s 15 certification. 16 2. b. If a party fails to disclose an expert pursuant to 17 subsection 1 paragraph “a” or does not make the expert available 18 for discovery, the expert shall be prohibited from testifying 19 in the action unless leave for the expert’s testimony is given 20 by the court for good cause shown. 21 3. This section does not apply to court appointed experts or 22 to rebuttal experts called with the approval of the court. 23 c. A party shall disclose the following information for 24 each expert witness whose testimony the party anticipates using 25 at trial or for each expert witness upon whose opinion the 26 opinions or conclusions of any expert witness whose testimony 27 is anticipated for use at trial is based: 28 (1) A written report prepared and signed by the expert. 29 (2) A complete statement of all opinions the expert 30 is expected to express and the basis and reasons for such 31 opinions. 32 (3) A complete statement of the data or other information 33 considered by the expert in forming the expert’s opinions. 34 (4) Any exhibits or other tangible materials considered by 35 -1- LSB 2586XS (3) 84 rh/nh 1/ 4

S.F. 371 the expert in forming the expert’s opinions. 1 (5) The expert’s qualifications including a list of all 2 publications authored by the expert in the previous ten years. 3 (6) A list of all other cases in which the expert has 4 testified as an expert and not as a party in the previous ten 5 years. 6 (7) All of the following: 7 (a) The relationship between the expert and the party 8 including the party’s attorney, insurer, or surety, including, 9 at a minimum, a description of all matters for which the expert 10 has been used as a consultant or trial expert for the party. 11 (b) The compensation paid to the expert for each matter on 12 which the expert has been consulted and the annual compensation 13 paid to the expert during the previous ten years by the party 14 designating the expert. 15 d. The disclosures described in paragraph “c” shall be 16 admissible as evidence subject only to such evidentiary 17 objections as would otherwise apply to the information. 18 2. This section does not apply to court-appointed experts or 19 to rebuttal experts called with the approval of the court. 20 3. a. A licensed professional subject to a claim for 21 negligence or other unintentional misconduct shall have a cause 22 of action for malicious prosecution in a subsequent claim 23 against the person who brought such claim and their attorney, 24 or both, if all of the following occur: 25 (1) The original claim was dismissed as to the licensed 26 professional or the trier of fact found that the conduct of 27 the licensed professional was not the proximate cause of the 28 claimant’s or plaintiff’s damages. 29 (2) The trier of fact found that the person who brought the 30 claim against the licensed professional lacked probable cause 31 to do so at the time the original action against the licensed 32 professional was commenced. 33 b. The licensed professional’s damages may include but 34 are not limited to attorney fees, expert witness fees, travel 35 -2- LSB 2586XS (3) 84 rh/nh 2/ 4

S.F. 371 expenses, and the value of the time spent preparing for or 1 participating in the defense of the original claim against the 2 licensed professional. 3 4. Any party who has successfully brought a claim for 4 professional liability against a licensed professional shall 5 have a cause of action for abuse of process when all of the 6 following conditions exist: 7 a. The professional liability action proceeded to trial and 8 was not resolved by settlement prior to an initial decision by 9 the trier of fact in favor of the person bringing the action 10 against the licensed professional. 11 b. The trier of fact awarded damages and those damages 12 exceed the final settlement demand of the person so demanding 13 by more than one hundred percent. 14 EXPLANATION 15 This bill relates to liability cases involving licensed 16 professionals. 17 EXPERT WITNESSES. The bill amends current law relating 18 to the disclosure of an expert witness in a liability case 19 involving a licensed professional to require a party who 20 expects to call an expert witness at trial or upon which the 21 opinions or conclusions of the expert witness are based to 22 include certain specific information including the expert’s 23 qualifications, a written report, data, and other expertise the 24 expert intends to rely on, as well as information relating to 25 any relationship between the expert and the party including, at 26 a minimum, a description of all matters for which the expert 27 has been used as a consultant or trial expert for the party, 28 and the compensation paid to the expert for each matter on 29 which the expert has been consulted and the annual compensation 30 paid to the expert during the previous 10 years by the party 31 designating the expert. The bill provides that the disclosures 32 required in the bill shall be admissible as evidence subject 33 only to such evidentiary objections as would otherwise apply to 34 the information. The bill does not apply to court-appointed 35 -3- LSB 2586XS (3) 84 rh/nh 3/ 4

S.F. 371 experts or to rebuttal experts called with the approval of the 1 court. 2 MALICIOUS PROSECUTION. The bill provides that a licensed 3 professional subject to a claim for negligence or other 4 unintentional misconduct has a cause of action for malicious 5 prosecution in a subsequent claim against the person who 6 brought such claim and their attorney, or both, if the 7 original claim was dismissed as to the licensed professional 8 or the trier of fact found that the conduct of the licensed 9 professional was not the proximate cause of the claimant’s 10 or plaintiff’s damages and the trier of fact found that the 11 original plaintiff who brought the claim against the licensed 12 professional lacked probable cause to do so at the time 13 the original action against the licensed professional was 14 commenced. The licensed professional’s damages may include but 15 are not limited to attorney fees, expert witness fees, travel 16 expenses, and the value of the time spent preparing for or 17 participating in the defense of the original claim against the 18 licensed professional. 19 ABUSE OF PROCESS. The bill provides that any party who has 20 successfully brought a claim for professional liability against 21 a licensed professional shall have a cause of action for abuse 22 of process when the professional liability action proceeded to 23 trial and was not resolved by settlement prior to an initial 24 decision by the trier of fact in favor of the person bringing 25 the action against the licensed professional and the trier 26 of fact awarded damages and those damages exceed the final 27 settlement demand of the person so demanding by more than 100 28 percent. 29 -4- LSB 2586XS (3) 84 rh/nh 4/ 4