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Case No. 20-0985

Michael Kenneth Schmitt and Connie Louise Schmitt
v.
Floyd Valley Healthcare

Appellant

Michael Kenneth Schmitt and Connie Louise Schmitt

Appellee

Floyd Valley Healthcare

Attorneys for Appellant

Michael Schmitt and Connie Schmitt, self-represented appellants

Attorneys for Appellee

Jeff W. Wright

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0985
Date Published:
Jul 21, 2021
Summary

            Appeal from the Iowa District Court for Plymouth County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (5 pages)

            Michael and Connie Schmitt appeal the dismissal of their medical malpractice claims against Floyd Valley Healthcare.  OPINION HOLDS: Because expert witness testimony is necessary to establish a prima face case on each of the Schmitts’ medical malpractice claims, the district court correctly applied the law in determining a certificate of merit affidavit is necessary under Iowa Code section 147.140 (2018).  The Schmitts failed to substantially comply with the requirements for a certificate of merit affidavit, and therefore, the district court properly granted the defendant’s motion to dismiss. 

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