On an issue of first impression, Attorneys Sarah Dempsey and Patrick Vipond recently obtained a dismissal of a physician in a medical malpractice action in Iowa state court. New rules in Iowa require a plaintiff to file a certificate of merit signed by an expert witness who is willing to testify that the defendant physician breached the standard of care. The Iowa rules require that this certificate be signed by an expert witness who is board-certified in the same specialty as the defendant. Ms. Dempsey and Mr. Vipond successfully argued that the Plaintiff’s certificate of merit signed by a general surgeon was insufficient to certify that the defendant, who was a board-certified radiologist, breached the standard of care. The Iowa District Court for Montgomery County agreed and dismissed the radiologist from the case. This is an exciting outcome for medical malpractice defendants in Iowa, as it requires the trial court to dismiss a case when a plaintiff cannot identify a properly qualified expert very early on in the case. Ms. Dempsey and Mr. Vipond look forward to using this favorable ruling to defend future clients in Iowa.
Patrick Vipond Sarah Dempsey