This bill amends Section 147.140 of the Iowa Code to enhance the requirements for expert witness certificate of merit affidavits in medical malpractice claims. It mandates that, in cases of personal injury or wrongful death against health care providers due to alleged negligence, plaintiffs must serve a certificate of merit affidavit for each expert witness within sixty days of the defendant's answer. The affidavit must be signed by each expert and include statements regarding their familiarity with the standard of care, the breach of that standard by the health care provider, and the causation of the injury or death. The bill also clarifies that all issues related to standard of care, breach, and causation must be addressed in the affidavits.

Additionally, the bill introduces a new subsection that establishes timelines for challenging the validity of a certificate of merit. Any motion contesting whether a certificate was signed under oath must be filed within sixty days of its submission, while other challenges must occur at least sixty days before trial. The bill restricts parties from withdrawing and refiling certificates of merit, except to correct missing signatures, and prohibits voluntary dismissal and refiling of the action. These changes aim to streamline the process and ensure that claims are substantiated by expert testimony from the outset.

Statutes affected:
Introduced: 147.140