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Michael Kenneth Schmitt and Connie Louise Schmitt
v.
Floyd Valley Healthcare
Appellant
Michael Kenneth Schmitt and Connie Louise Schmitt
Appellee
Floyd Valley Healthcare
Attorney for the Appellant
Michael Schmitt and Connie Schmitt, self-represented appellants
Attorney for the Appellee
Jeff W. Wright
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
