HSB 210 (LSB 2460YC (5) 91)

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 witness certificate of merit affidavits.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.140, subsection 1, paragraphs a and b, Code 2025, are amended to read as follows:
   a.  In any action for personal injury or wrongful death against a health care provider based upon the alleged negligence in the practice of that profession or occupation or in patient care, which includes a cause of action for which expert testimony is necessary to establish a prima facie case, the plaintiff shall, prior to the commencement of discovery in the case and within sixty days of the defendant’s answer, serve upon the defendant a certificate of merit affidavit affidavits signed by an each expert witness with respect to the issue all issues of standard of care, and an alleged breach of the standard of care, and causation to be litigated in the action. The Each expert witness must meet the qualifying standards of section 147.139.
   b.  A All certificate of merit affidavit affidavits must be signed by the each expert witness and certify the purpose purposes for calling the expert witness by providing under the oath of the expert witness all of the following:
   (1)  The expert witness’s statement of familiarity with the applicable standard of care.
   (2)  The expert witness’s statement that the standard of care was breached by the health care provider named in the petition.
   (3)  The expert witness’s statement that the breach caused the personal injury or wrongful death.
    Sec. 2.  Section 147.140, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  A motion challenging whether a certificate of merit was signed under oath shall be made no later than sixty days from the date the certificate of merit was filed. Any other motion challenging a certificate of merit must be made no later than sixty days before trial. Once a motion to challenge a certificate of merit is filed, a party shall not withdraw and refile the certificate, except to provide missing expert or notary signatures, nor shall a party voluntarily dismiss the action and refile the certificate of merit.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to expert witness certificate of merit affidavits in medical malpractice claims. A certificate of merit affidavit is a sworn statement from a medical expert that a claim for personal injury or wrongful death against a health care provider has merit. In an action for personal injury or wrongful death against a health care provider based upon alleged negligence in the practice of that profession or in patient care, the bill requires the plaintiff, within 60 days of the defendant’s answer, to serve upon the defendant a certificate of merit affidavit for each expert witness who will testify with respect to the issues of standard of care, breach of standard of care, and causation. A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness the expert witness’s statement of familiarity with the applicable standard of care; statement that the standard of care was breached by the health care provider; and statement that the breach of the standard of care was the cause of the injury or death.
   The bill provides any motion to challenge whether a certificate of merit was signed under oath must be made within 60 days from the date the certificate of merit was filed. Any other motion to challenge a certificate of merit must be made at least 60 days before trial. A party may not withdraw and refile a certificate of merit unless it is to provide the missing expert witness’s signature or a notary signature. A party is also not allowed to voluntarily dismiss the action and refile it.