Douglas Wilson and Jane Wilson
v.
Shenandoah Medical Center
Defendant in medical malpractice case was granted interlocutory review of a district court ruling denying defendant’s motion for summary judgment. Defendant contends the court erred in finding good cause for plaintiffs’ delay in filing their expert witness certification. See Iowa Code § 688.11 (2023). The court of appeals affirmed. Defendant seeks further review.
Resister
Douglas Wilson and Jane Wilson
Appellant
Shenandoah Medical Center
Attorneys for the Resister
Jessica A. Zupp
Gary T. Gee
Andrew D. Sibbernsen
Attorneys for the Appellant
Jennifer E. Rinden
Vincent S. Geis
Nancy J. Penner
Supreme Court
Oral Argument Schedule
15-15-5
Mar 26, 2025 2:00 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Page County, Margaret Reyes, Judge. AFFIRMED. Considered by Badding, P.J., Langholz, J., and Bower, S.J. Opinion by Bower, S.J. Dissent by Langholz, J. (18 pages)
Shenandoah Medical Center (SMC) appeals the district court’s denial of its motion for summary judgment for failure to timely file an expert-witness designation. OPINION HOLDS: Upon review, we affirm. DISSENT ASSERTS: I would follow Stanton v. Knoxville Community Hospital, Inc., No. 19-1277, 2020 WL 4498884 (Iowa Ct. App. Aug. 5, 2020), and hold that the district court abused its discretion in concluding that the Wilsons had good cause for their failure to timely file their expert certifications under Iowa Code section 668.11 because they have not shown a valid reason for their failure and the district court erroneously relied on defense counsel’s actions. The court thus erred in denying SMC summary judgment on that ground. And we should remand for the district court to consider whether the Wilsons’ claims fail as a matter of law without expert testimony as SMC argued in its summary-judgment motion.