What is the certificate of merit requirement for birth injury cases in Iowa?

Iowa City, IA – Birth injury incidents are difficult for families because their newborn child may experience serious problems. In most cases, the parents will want to take legal action to be compensated for any additional medical costs that are required, along with future losses sustained due to the mistakes of the healthcare workers. However, all medical lawsuits in Iowa have requirements that are slightly different from negligence lawsuits and standard injury cases. One of the main differences is that a certificate of merit is necessary to proceed through the early stages of the case.

Expert opinions and testimony

The rules of evidence give specific requirements for someone to qualify as an expert and give opinions that are crucial to the disputes in the lawsuit. In most cases, they will need to demonstrate experience, education, and other qualifications. Judges assigned to the case ultimately have discretion regarding who gets to be considered an expert for the purposes of the lawsuit. Once qualified, the expert can give different types of testimony than standard witnesses. In medical malpractice cases and birth injury lawsuits, the plaintiff will always need at least one expert with some kind of medical background to proceed with the case.

Filing requirements

In the early stages of the lawsuit before discovery formally begins, the plaintiff must file a certificate of merit with the defendant and the court. This is required for birth injury actions, and all medical malpractice cases as well. This certificate is essentially a document that outlines expert testimony related to the lawsuit. The document needs to be signed by the expert, most likely a doctor with experience in birth injuries or related matters, and outline why the lawsuit has merit. The specific requirements that the expert needs to have are given in the Iowa statutes.

Statement of purpose

The certificate needs to give the expert’s own opinions related to certain important aspects of the case. These include how the expert knows about the appropriate standard of care based on their experience and training, specific allegations regarding how the doctor or professional at fault deviated from this standard of care, and an outline of their potential testimony at trial.

Compensation available

The amount that the family will receive will tend to be indicative of the severity of the child’s injuries. If the child has a permanent disability or condition due to the malpractice, the compensation can be substantial.

Legal advice after a birth injury

Eells and Tronvold Law Offices is a practice that handles various kinds of civil lawsuits in Iowa. Their attorneys can be contacted to assist with the process of filing a case and reaching a settlement agreement.

Firm contact info:

Eells and Tronvold Law Offices

1921 51st Street NE, Cedar Rapids, IA 52402-2400

319-393-1020