Margaret Lofgren, both individually and as administrator of the Estate of Louden P. Lofgren v. Thomas Simpson, M.D…

Summary

The court held that Iowa's certificate-of-merit statute does not require a certificate for the plaintiffs' informed-consent claim alleging nondisclosure that a medical resident would participate in the child's surgery. Because the filed certificate lacked an oath or penalty-of-perjury language and was not substantially compliant, the court affirmed dismissal of the postoperative-negligence claims, as well as rejection of the waiver, constitutional, and retroactivity arguments. The informed-consent claim was reversed and remanded for further proceedings.