Case No. 22-1574 | Supreme Court Oral Argument Schedule

Darrin P. Miller, Individually, as Executor of the Estate of Meredith R. Miller, and as Parent, Guardian, and Next of Friend of S.M.M., a Minor
v.
Catholic Health Initiatives-Iowa, Corp. d/b/a MercyOne Des Moines Medical Center, William Nowysz, Joseph Losh, Hijinio Carreon, Noah Pirozzi, Danielle Chamberlain, and Daron Darmening,

Defendants take an interlocutory appeal from district court orders denying their motion for summary judgment and motion to dismiss plaintiff’s medical malpractice claims for failure to comply with Iowa Code sections 147.139 and 147.140. They contend the court erred because: (1) plaintiff’s expert does not meet the expert qualification requirements in section 147.139; (2) the expert’s report was not in affidavit form and given under oath, contrary to Iowa Code section 147.140(1)(b); and (3) the court mistakenly placed the burden on defendants to show plaintiff’s expert did not practice in a substantially similar field to defendants.

County:

Polk

Trial Court Case No.:

LACL151799

Appellee

Darrin P. Miller, Individually, as Executor of the Estate of Meredith R. Miller, and as Parent, Guardian, and Next of Friend of S.M.M., a Minor

Appellant

Catholic Health Initiatives-Iowa, Corp. d/b/a MercyOne Des Moines Medical Center, William Nowysz, Joseph Losh, Hijinio Carreon, Noah Pirozzi, Danielle Chamberlain, and Daron Darmening,