James Butler and Kateri Duncan
v.
Rajalakshmi Iyer, M.D., Mark Zlab, M.D., Douglas Schulte, M.D., The Iowa Clinic, PC, Iowa Digestive Disease Center, P.C., and Central Iowa Hospital Corporation d/b/a UnityPoint Health-Iowa Methodist Medical Center
Appellant
James Butler and Kateri Duncan
Appellee
Rajalakshmi Iyer, M.D., Mark Zlab, M.D., Douglas Schulte, M.D., The Iowa Clinic, PC, Iowa Digestive Disease Center, P.C., and Central Iowa Hospital Corporation d/b/a UnityPoint Health-Iowa Methodist Medical Center
Attorney for the Appellant
Alfredo Parrish and Tammy Gentry
Attorneys for the Appellee
Christine L. Conover, Carrie L. Thompson, Dawn M. Gibson, and Chad D. Brakhahn, for appellees Rajalakshmi Iyer, M.D. and Iowa Digestive Disease Center, P.C.
John Hilmes, Erik P. Bergeland, and Aaron J. Redinbaugh, for appellee Central Iowa Hospital Corporation d/b/a Unity Point Health- Iowa Methodist Medical Center
Jennifer E. Rinden, Vincent S. Geis, and Nancy J. Penner, for appellees Mark Zlab, M.D., Douglas Schulte, M.D. and the Iowa Clinic, P.C.
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Tabor, P.J. (20 pages)
James Butler appeals the dismissal of his action against doctors and their employers based on his failure to substantially comply with the certificate-of-merit-affidavit requirement of Iowa Code section 147.140 (2020). He contends the defendants waived their right to receive the affidavit by engaging in discovery before the deadline, that he substantially complied with the statute, and that expert witnesses were unnecessary for several claims. OPINION HOLDS: We find the statute does not have a waiver provision. We also find no substantial compliance. Finally, because Butler needed expert witness testimony to establish each of his claims, section 147.140 applied, and the district court correctly dismissed the entire suit.
