Teresa Marie Rarick and Richard Dee Rarick v. Wesley Smidt and Des Moines Orthopaedic Surgeons, Pc

Summary

The court affirmed dismissal of the medical malpractice action because the plaintiffs' timely certificate of merit was neither a properly executed affidavit nor a qualifying statement under penalty of perjury. A later notarized affidavit could not cure the defect because it was served after the statutory sixty-day period and no authorized extension was obtained. The court also rejected the plaintiffs' waiver, equal protection, and due process arguments.