Michael Trask v. Amar F. Ahmed, M.d.; Sandro Younadam, M.d.; Shellie O'Brien-Perry, A.r.n.p.; Kimberly A. Willich…

Summary

The court held that Iowa's savings statute applies to a medical-malpractice action voluntarily dismissed after the plaintiff discovered that his certificates of merit did not comply with a newly clarified statutory requirement. A plaintiff need not pursue a futile procedural response when no viable path remains, and an attorney's reasonable interpretation of an unsettled statute does not constitute negligence. The court reversed the dismissal of the refiled action and remanded for further proceedings.