SSB 1136: Relating to medical malpractice claims, including expert witness certificate of merit affidavits, and including effective date and applicability provisions

What it does

This bill relates to expert witness certificate of merit affidavits in medical malpractice claims. A certificate of merit affidavit is a sworn statement from a medical expert that a claim for personal injury or wrongful death against a health care provider has merit. In an action for personal injury or wrongful death against a health care provider based upon alleged negligence in the practice of that profession or in patient care, the bill requires the plaintiff, within days of the defendant’s answer, to serve upon the defendant a notarized certificate of merit affidavit for each expert witness who will testify with respect to the issues of standard of care, breach of standard of care, and causation.

Senate subcommittee · named February 18, 2025

• Sen. Mike Klimesh (R) · mike.klimesh@legis.iowa.gov
• Sen. Mark S. Lofgren (R) · mark.lofgren@legis.iowa.gov
• Sen. Janet Petersen (D) · janet.petersen@legis.iowa.gov

Lobbying · 8 for, 8 against

For: American College of Obstetricians & Gynecologists; COPIC; Iowa Academy of Family Physicians; Iowa Association of Ambulatory Surgery Centers; Iowa Hospital Association; Iowa Independent Physician Group; Iowa Medical Society; UnityPoint Health

Against: COPIC; Central Iowa Physicians; Iowa Academy of Trial Lawyers; Iowa Association for Justice; Iowa Hospital Association; Iowa Independent Physician Group; Iowa Medical Society; Iowa State Bar Association

In plain words

1. February 18, 2025Filed in the Senate and sent to the Health and Human Services committee
2. February 18, 2025Senate subcommittee named: Klimesh, Lofgren and Petersen