Iowa’s Top Court Clarifies Medical Negligence Suit Dismissals

Jan. 9, 2023, 4:53 PM UTC

An Iowa law that requires dismissal with prejudice when a medical malpractice plaintiff fails to timely file a certificate of merit signed by a qualified expert doesn’t apply when a plaintiff voluntarily dismisses her suit.

Further, a plaintiff who brings a second lawsuit following a voluntary dismissal may file a new certificate of merit signed by a different expert witness, the Iowa Supreme Court said in two separate opinions construing the interplay between a legislatively enacted law and court procedural rules.

Susan Ronnfeldt sued Myrtue Medical Center in Shelby County, alleging it failed to tell her about a “significant enlargement” ...

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