If the standard of care given by a health care provider, as defined in section 147.136A, is at issue, the court shall only allow a person the plaintiff designates as an expert witness to qualify as an expert witness and to testify on the issue of the appropriate standard of care or breach of the standard of care if all of the following are established by the evidence:
1. The person is licensed to practice in the same or a substantially similar field as the defendant, is in good standing in each state of licensure, and in the five years preceding the act or omission alleged to be negligent, has not had a license in any state revoked or suspended.
2. In the five years preceding the act or omission alleged to be negligent, the person actively practiced in the same or a substantially similar field as the defendant or was a qualified instructor at an accredited university in the same field as the defendant.
3. If the defendant is board-certified in a specialty, the person is certified in the same or a substantially similar specialty by a board recognized by the American board of medical specialties, the American osteopathic association, or the council on podiatric medical education.
4. a. If the defendant is a licensed physician or osteopathic physician under chapter 148, the person is a physician or osteopathic physician licensed in this state or another state.
b. If the defendant is a licensed podiatric physician under chapter 149, the person is a physician, osteopathic physician, or a podiatric physician licensed in this state or another state. 86 Acts, ch 1211, §16; 2008 Acts, ch 1088, §98; 2017 Acts, ch 107, §3, 5; 2018 Acts, ch 1172, §46 Referred to in §147.140 2017 amendment applies to causes of action that accrue on or after July 1, 2017; 2017 Acts, ch 107, §5 \n
Notes of Decisions
Cited in
33
cases (
22 in the last 5 years), 1991–2026 · leading case:
Carolan v. Hill, 553 N.W.2d 882 (Iowa 1996).
Carolan v. Hill, 553 N.W.2d 882 (Iowa 1996).
· cites it 8× “They argued that, under Iowa Code section 147.139, a nurse cannot testify as to the standard of care of a physician.”
Wick v. Henderson, 485 N.W.2d 645 (Iowa 1992).
· cites it 12× “" However, the court found Socarras did not qualify under Iowa Code section 147.139 (1989) "to give the opinions that he gave with respect to the responsibility of the anesthetist to monitor the position, the location, and pressure against the patient's arm during surgery.”
Hutchison v. Am. Fam. Mut. Ins. Co., 514 N.W.2d 882 (Iowa 1994).
· cites it 4× “Moore’s testimony as a neu-ropsychologist disputing the existence of a causal relationship between Connie’s ear accident and her alleged injury. The Hutchisons cite Iowa Code section 154B.”
Welte v. Bello, 482 N.W.2d 437 (Iowa 1992).
· cites it 4× “Iowa Code § 147.139 . The doctrine of res ipsa loquitur is an exception to the general rule.”
Bray v. Hill, 517 N.W.2d 223 (Iowa Ct. App. 1994).
· cites it 4× “Iowa Code § 147.139 ; Welte, 482 N.W.2d at 439 .”
Hill v. McCartney, 590 N.W.2d 52 (Iowa Ct. App. 1998).
· cites it 2× “Iowa Code § 147.139 ; Bray v. Hill, 517 N.”
Graeve v. Cherny, 580 N.W.2d 800 (Iowa 1998).
· cites it 4× “See Iowa Code § 147.139 (1997); Kennis v. Mercy Hosp.”
Smith v. Haugland, 762 N.W.2d 890 (Iowa Ct. App. 2009).
· cites it 8× “On appeal the defendants assert the plaintiffs’ expert was not qualified under Iowa Code section 147.139 (2005) to give an opinion on the specialized medical care in dispute and that their request for a new trial should have been granted.”
— Iowa Code § 147.139(1) — 7 cases
— Iowa Code § 147.139(2) — 2 cases
— Iowa Code § 147.139(3) — 1 case
— Iowa Code § 147.139(4)(a) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.