Melinda Williams v. Kenneth J. Hartman, M.D. and Davenport Surgical Group, P.C.

Summary

The Iowa Supreme Court reversed the district court’s summary‑judgment dismissal, holding that the savings statute Iowa Code § 614.10 applies to the plaintiff’s second malpractice suit because the first suit “failed” when she voluntarily dismissed it without a deadline to challenge the defective certificates of merit, and she was not negligent in prosecuting the first action.