Iowa Clinic Denied Early Out in Suit Over Allegedly Unfit Doctor

An Iowa couple can continue with a lawsuit that accused a medical clinic of negligently retaining an allegedly unfit surgeon, despite their failure to file a pretrial expert opinion saying so, the state’s top court said.

A state law that requires a plaintiff to file a certificate of merit in a personal injury action against a provider that allegedly was negligent in practicing its “occupation” didn’t apply in Charlene and Michael Jorgensen’s lawsuit against Tri-State Specialists LLP, the Iowa Supreme Court said Feb. 9.

Only an individual, not a business entity like Tri-State, can engage in an “occupation,” the court ...