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Case No. 21-0796

For summaries from opinions prior to August, 2018, view PDF versions here

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

Appellees

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

Attorneys for Appellant

Alfredo Parrish and Tammy Gentry

Attorneys for Appellees

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:
21-0796
Date Published:
Apr 13, 2022
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.

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