Summary
The Iowa Court of Appeals affirmed dismissal of a medical-malpractice action because the plaintiff's certificates of merit were not signed under oath or under penalty of perjury as required by Iowa Code section 147.140. The court rejected arguments concerning substantial compliance, vagueness, waiver, and estoppel, relying primarily on recent Iowa Supreme Court precedent. Judge Sandy dissented, concluding that estoppel by acquiescence barred the defendants' challenge.
Court
Court of Appeals of Iowa
Jurisdiction
Iowa Court of Appeals
Decision date
April 29, 2026
Docket number
No. 24-1570
Disposition
affirmed
Questions Presented
- Whether the certificates of merit complied with or substantially complied with Iowa Code section 147.140.
- Whether Iowa Code section 147.140 is unconstitutionally void for vagueness.
- Whether the health-care providers waived their statutory right to challenge the certificates of merit by litigating, conducting discovery, and retaining experts before filing their motion.
- Whether the health-care providers were estopped from challenging the certificates of merit based on their litigation conduct and delay.
Holdings
- The certificates did not comply with section 147.140 because the experts did not personally sign them under oath.
- The certificates did not substantially comply with section 147.140 because they were not signed under oath or expressly under penalty of perjury.
- Section 147.140 is not unconstitutionally void for vagueness.
- The providers did not waive their statutory right to challenge the certificates and were not estopped from doing so.
Court Document
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