House Study Bill 502 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to expert witness standards in medical 1 malpractice lawsuits. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5385YC (3) 87 asf/rj
H.F. _____ Section 1. Section 147.139, subsections 3 and 4, Code 2018, 1 are amended to read as follows: 2 3. If the defendant is board-certified in a specialty, the 3 person is certified in the same or a substantially similar 4 specialty by a board recognized by the American board of 5 medical specialties , or the American osteopathic association , 6 or the council on podiatric medical education . 7 4. a. If the defendant is a licensed physician or 8 osteopathic physician under chapter 148 , the person is a 9 physician or osteopathic physician licensed in this state or 10 another state. 11 b. If the defendant is a licensed podiatric physician under 12 chapter 149, the person is a podiatric physician licensed in 13 this state or another state. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill amends expert witness standards in medical 18 malpractice lawsuits to include podiatric specialists. 19 Code section 147.139 provides that if the standard of care 20 given by a health care provider is at issue, the court shall 21 only allow a person the plaintiff designates as an expert 22 witness to qualify as an expert witness and to testify on the 23 issue of the appropriate standard of care or breach of the 24 standard of care if, among other criteria, the following is 25 established. 26 Under current law, if the defendant is board certified in 27 a specialty, the person the plaintiff designates as an expert 28 witness must be certified in the same or a substantially 29 similar specialty by a board recognized by the American board 30 of medical specialties or the American osteopathic association. 31 The bill provides that the council on podiatric medical 32 education may also be a recognizing organization. 33 Under current law, if the defendant is a licensed physician 34 or osteopathic physician under Code chapter 148, the person the 35 -1- LSB 5385YC (3) 87 asf/rj 1/ 2
H.F. _____ plaintiff designates as an expert witness must be a physician 1 or osteopathic physician licensed in this state or another 2 state. The bill requires that if the defendant is a licensed 3 podiatric physician under Code chapter 149, the person the 4 plaintiff designates as an expert witness must be a podiatric 5 physician licensed in this state or another state. 6 -2- LSB 5385YC (3) 87 asf/rj 2/ 2