This bill amends the requirements for expert witness certificate of merit affidavits in medical malpractice claims in Iowa. It mandates that, in cases of personal injury or wrongful death against a healthcare provider due to alleged negligence, the plaintiff must serve a notarized certificate of merit affidavit for each expert witness within sixty days of the defendant's answer. The affidavit must include statements from the expert regarding their familiarity with the standard of care, the breach of that standard by the healthcare provider, and the causation linking the breach to the injury or death. The bill also specifies that all affidavits must be notarized and signed by each expert witness.
Additionally, the bill clarifies that failure to comply with these requirements will result in dismissal with prejudice of the relevant causes of action. It removes the term "substantially" from the compliance requirement, emphasizing strict adherence to the affidavit rules. Furthermore, any motion to challenge a certificate of merit must be filed within sixty days of its submission, and parties are restricted from withdrawing and refiling the certificate except to correct missing signatures. The bill is effective immediately upon enactment and applies to causes of action arising on or after that date.
Statutes affected: Introduced: 147.140