Joanne C. Jones
v.
Mercy Hospital, Mercy Medical Center, Cedar Rapids Iowa and Jordan C. Imoehl
Appellant
Joanne C. Jones
Appellee
Mercy Hospital, Mercy Medical Center, Cedar Rapids Iowa and Jordan C. Imoehl
Attorney for the Appellant
John G. Daufeldt
Attorneys for the Appellee
Dawn M. Gibson, Christine L. Conover, Carrie L. Thompson
Jennifer E. Rinden, Vincent S. Geis, and Eric P. Martin
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge. AFFIRMED. Heard by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Greer, P.J. (20 pages)
After falling in her home, Joanne Jones was taken by ambulance to Mercy Medical Center, where she was treated by Dr. Jordan Imoehl. Jones later brought a lawsuit against the medical center and doctor (collectively, Mercy), claiming professional negligence, infliction of emotional distress, breach of contract, and res ipsa loquitur—all based on the theory that she was not timely diagnosed and treated for a stroke she suffered. After Jones failed to file a certificate of merit, the district court dismissed each of Jones’s claims, concluding expert testimony was necessary for each so the lack of certificate of merit was fatal. Jones appeals, challenging the dismissal of her claims for infliction of emotional distress, breach of contract, and res ipsa loquitur. OPINION HOLDS: Jones cannot evade the need for expert testimony and a certificate of merit through artful pleading. Because expert testimony is necessary to establish each of Jones’s claims against Mercy, we affirm the dismissal of her lawsuit.
