Iowa Code » Chapter 147 — GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS
Iowa Code

Iowa Code § 147.140 (2026)

Expert witness — certificate of merit affidavit

✓ Iowa Code 2026 (laws through the 2025 session)
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1. a. In any action for personal injury or wrongful death against a health care provider based upon the alleged negligence in the practice of that profession or occupation or in patient care, which includes a cause of action for which expert testimony is necessary to establish a prima facie case, the plaintiff shall, prior to the commencement of discovery in the case and within sixty days of the defendant’s answer, serve upon the defendant a certificate of merit affidavit signed by an expert witness with respect to the issue of standard of care and an alleged breach of the standard of care. The expert witness must meet the qualifying standards of section 147.139.

b. A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness all of the following:

(1) The expert witness’s statement of familiarity with the applicable standard of care.

(2) The expert witness’s statement that the standard of care was breached by the health care provider named in the petition.

c. A plaintiff shall serve a separate certificate of merit affidavit on each defendant named in the petition.

2. An expert witness’s certificate of merit affidavit does not preclude additional discovery and supplementation of the expert witness’s opinions in accordance with the rules of civil procedure.\n\nTue Dec 09 22:26:19 2025 Iowa Code 2026, Chapter 147 (85, 1) §147.140, GENERAL PROVISIONS, HEALTH-RELATED PROFESSIONS 38\n\n 3. The parties shall comply with the requirements of section 668.11 and all other applicable law governing certification and disclosure of expert witnesses.

4. The parties by agreement or the court for good cause shown and in response to a motion filed prior to the expiration of the time limits specified in subsection 1 may provide for extensions of the time limits. Good cause shall include but not be limited to the inability to timely obtain the plaintiff’s medical records from health care providers when requested prior to filing the petition.

5. If the plaintiff is acting pro se, the plaintiff shall have the expert witness sign the certificate of merit affidavit or answers to interrogatories referred to in this section and the plaintiff shall be bound by those provisions as if represented by an attorney.

6. Failure to substantially comply with subsection 1 shall result, upon motion, in dismissal with prejudice of each cause of action as to which expert witness testimony is necessary to establish a prima facie case.

7. For purposes of this section, “health care provider” means the same as defined in section 147.136A. 2017 Acts, ch 107, §4, 5 Section applies to causes of action that accrue on or after July 1, 2017; 2017 Acts, ch 107, §5\n\n 147.141 through 147.150 Reserved.\n\n SPEECH PATHOLOGISTS AND AUDIOLOGISTS \n 147.151 and 147.152 Repealed by 2008 Acts, ch 1088, §79. See §154F.1, 154F.2. \n 147.153 through 147.156 Repealed by 2008 Acts, ch 1088, §78. See §154F.3 through 154F.6. \n 147.157 through 147.160 Reserved.\n\n MENTAL HEALTH PROFESSIONALS EMPLOYMENT AGREEMENTS \n

Notes of Decisions
Cited in 62 cases (62 in the last 5 years), 2021–2026 · leading case: Robert Morrow v. United States, 47 F. 4th 700 (8th Cir. 2022).
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Robert Morrow v. United States, 47 F. 4th 700 (8th Cir. 2022). · cites it 5× “The plaintiffs failed to serve the government with a certificate-of-merit affidavit for claims alleging medical malpractice as required by Iowa Code § 147.140 . Iowa law requires plaintiffs to serve the opposing party with a certificate of merit, an affidavit signed by an expert…”
Teresa Marie Rarick v. Wesley Smidt & Des Moines Orthopaedic Surgeons, Pc, 36 N.W.3d 1 (Iowa 2026). · cites it 162× “3d at 275; see Iowa Code § 147.140 (6). We have also recognized that through Iowa Code section 622.”
Marlene Banwart v. Neurosurgery of North Iowa, P.C., 18 N.W.3d 267 (Iowa 2025). · cites it 120× “2d 533 , 541 (Iowa 2022); see also Iowa Code § 147.140 (3) (“The parties shall comply with the requirements of section 668.”
Est. of Roberta Ann Butterfield by Bradley Dean Butterfield & Deanne Marie Rogers, Co-Adminstrators v. Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home 3 & Chautauqua Guest Homes, 987 N.W.2d 834 (Iowa 2023). · cites it 97× “107, § 4 (codified at Iowa Code § 147.140 (1)(2018)); Struck, 973 N.”
Est. of Roberta Ann Butterfield by Bradley Dean Butterfield & Deanne Marie Rogers, Co-Adminstrators v. Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home 3 & Chautauqua Guest Homes, 987 N.W.2d 834 (Iowa 2023). · cites it 97× “107, § 4 (codified at Iowa Code § 147.140 (1)(2018)); Struck, 973 N.”
Susan Ronnfeldt v. Shelby Cnty. Chris A. Myrtue Mem'l Hosp., 984 N.W.2d 418 (Iowa 2023). · cites it 80× “” Iowa Code § 147.140 (6) (2021). The fighting issue in this case is whether that statute’s dismissal requirement trumps a plaintiff’s right under Iowa Rule of Civil Procedure 1.”
Susan Ronnfeldt v. Shelby Cnty. Chris A. Myrtue Mem'l Hosp., 984 N.W.2d 418 (Iowa 2023). · cites it 80× “” Iowa Code § 147.140 (6) (2021). The fighting issue in this case is whether that statute’s dismissal requirement trumps a plaintiff’s right under Iowa Rule of Civil Procedure 1.”
Jessica McHugh v. Adam B. Smith, 966 N.W.2d 285 (Iowa Ct. App. 2021). · cites it 67× “Iowa Code § 147.140 (1)(a). The next paragraph specifies what the affidavit must include: A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness all of the…”
S.K. v. Obstetric & Gynecologic Assocs. of Iowa City & Coralville, P.C., 13 N.W.3d 546 (Iowa 2024). · cites it 67× “at 373–77 (emphasis omitted) (quoting Iowa Code § 147.140 ). So we reversed the district court’s denial of the medical providers’ dispositive motions, and we remanded for dismissal of the plaintiff’s claims.”
S.K. v. Obstetric & Gynecologic Assocs. of Iowa City & Coralville, P.C., 13 N.W.3d 546 (Iowa 2024). · cites it 67× “at 373–77 (emphasis omitted) (quoting Iowa Code § 147.140 ). So we reversed the district court’s denial of the medical providers’ dispositive motions, and we remanded for dismissal of the plaintiff’s claims.”
Charlene Jorgensen v. Adam B. Smith, 36 N.W.3d 694 (Iowa 2026). · cites it 66× “3d at 873 (quoting Iowa Code § 147.140 (1)(a) (2018)). As to this criterion, the defendants’ only argument was that the negligent retention claim was based on alleged negligence in the practice of an “occupation.”
Charlene Jorgensen v. Adam B. Smith, 2 N.W.3d 868 (Iowa 2024). · cites it 63× “’ ” (Alteration in original) (quoting Iowa Code § 147.140 (1)(a)). But the defendants’ brief does not contain arguments about the “profession” option or the “in patient care” option.”
Show all 62 citing cases →
Iowa Code § 147.140(1): 18 cases
Gloria Ann Shontz v. Mercy Med. Ctr.-Clinton, Inc., 33 N.W.3d 598 (Iowa 2026).
Teresa Marie Rarick v. Wesley Smidt & Des Moines Orthopaedic Surgeons, Pc, 36 N.W.3d 1 (Iowa 2026). “3d at 275; see Iowa Code § 147.140 (6). We have also recognized that through Iowa Code section 622.”
Schneider v. Jennie Edmundson Mem'l Hosp., 958 N.W.2d 610 (Iowa Ct. App. 2021).
Jessica McHugh v. Adam B. Smith, 966 N.W.2d 285 (Iowa Ct. App. 2021). “Iowa Code § 147.140 (1)(a). The next paragraph specifies what the affidavit must include: A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness all of the…”
James Butler v. Rajalakshmi Iyer, 978 N.W.2d 98 (Iowa Ct. App. 2022).
Iowa Code § 147.140(1)(a): 22 cases
Est. of Roberta Ann Butterfield by Bradley Dean Butterfield & Deanne Marie Rogers, Co-Adminstrators v. Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home 3 & Chautauqua Guest Homes, 987 N.W.2d 834 (Iowa 2023). “107, § 4 (codified at Iowa Code § 147.140 (1)(2018)); Struck, 973 N.”
Est. of Roberta Ann Butterfield by Bradley Dean Butterfield & Deanne Marie Rogers, Co-Adminstrators v. Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home 3 & Chautauqua Guest Homes, 987 N.W.2d 834 (Iowa 2023). “107, § 4 (codified at Iowa Code § 147.140 (1)(2018)); Struck, 973 N.”
Teresa Marie Rarick v. Wesley Smidt & Des Moines Orthopaedic Surgeons, Pc, 36 N.W.3d 1 (Iowa 2026). “3d at 275; see Iowa Code § 147.140 (6). We have also recognized that through Iowa Code section 622.”
The Est. of Deanna Dee Fahrmann, by Jeffrey A. Fahrmann, Dennis C. Fahrmann, by & through his Power of Attorney, Jeffrey A. Fahrmann, Jeffrey A. Fahrmann, & Amy J. Fahrmann v. ABCM Corp., Kathy Meyer-Allbee, & Linsey Henry, 999 N.W.2d 283 (Iowa 2023).
The Est. of Deanna Dee Fahrmann, by Jeffrey A. Fahrmann, Dennis C. Fahrmann, by & through his Power of Attorney, Jeffrey A. Fahrmann, Jeffrey A. Fahrmann, & Amy J. Fahrmann v. ABCM Corp., Kathy Meyer-Allbee, & Linsey Henry, 999 N.W.2d 283 (Iowa 2023).
Iowa Code § 147.140(1)(b): 15 cases
Dustin McGonigle v. Finley Hosp. & Alejandro Pulido, 27 N.W.3d 850 (Iowa Ct. App. 2025).
James Carder v. Active Chiropractic, 34 N.W.3d 536 (Iowa Ct. App. 2026).
Est. of Roberta Ann Butterfield by Bradley Dean Butterfield & Deanne Marie Rogers, Co-Adminstrators v. Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home 3 & Chautauqua Guest Homes, 987 N.W.2d 834 (Iowa 2023). “107, § 4 (codified at Iowa Code § 147.140 (1)(2018)); Struck, 973 N.”
Est. of Roberta Ann Butterfield by Bradley Dean Butterfield & Deanne Marie Rogers, Co-Adminstrators v. Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home 3 & Chautauqua Guest Homes, 987 N.W.2d 834 (Iowa 2023). “107, § 4 (codified at Iowa Code § 147.140 (1)(2018)); Struck, 973 N.”
Michael Kenneth Schmitt v. Floyd Valley Healthcare, 965 N.W.2d 642 (Iowa Ct. App. 2021).
Iowa Code § 147.140(1)(b)(1): 3 cases
Jessica McHugh v. Adam B. Smith, 966 N.W.2d 285 (Iowa Ct. App. 2021). “Iowa Code § 147.140 (1)(a). The next paragraph specifies what the affidavit must include: A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness all of the…”
S.K. v. Obstetric & Gynecologic Assocs. of Iowa City & Coralville, P.C., 13 N.W.3d 546 (Iowa 2024). “at 373–77 (emphasis omitted) (quoting Iowa Code § 147.140 ). So we reversed the district court’s denial of the medical providers’ dispositive motions, and we remanded for dismissal of the plaintiff’s claims.”
S.K. v. Obstetric & Gynecologic Assocs. of Iowa City & Coralville, P.C., 13 N.W.3d 546 (Iowa 2024). “at 373–77 (emphasis omitted) (quoting Iowa Code § 147.140 ). So we reversed the district court’s denial of the medical providers’ dispositive motions, and we remanded for dismissal of the plaintiff’s claims.”
Iowa Code § 147.140(1)(b)(2): 1 case
Charlene Jorgensen v. Adam B. Smith, 36 N.W.3d 694 (Iowa 2026). “3d at 873 (quoting Iowa Code § 147.140 (1)(a) (2018)). As to this criterion, the defendants’ only argument was that the negligent retention claim was based on alleged negligence in the practice of an “occupation.”
Iowa Code § 147.140(1)(c): 1 case
Linda Wolfe v. Shenandoah Med. Ctr., 986 N.W.2d 134 (Iowa Ct. App. 2022).
Iowa Code § 147.140(2): 2 cases
Jessica McHugh v. Adam B. Smith, 966 N.W.2d 285 (Iowa Ct. App. 2021). “Iowa Code § 147.140 (1)(a). The next paragraph specifies what the affidavit must include: A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness all of the…”
James Butler v. Rajalakshmi Iyer, 978 N.W.2d 98 (Iowa Ct. App. 2022).
Iowa Code § 147.140(3): 5 cases
Jacqueline Struck v. Mercy Health Servs.-Iowa Corp., 973 N.W.2d 533 (Iowa 2022).
Marlene Banwart v. Neurosurgery of North Iowa, P.C., 18 N.W.3d 267 (Iowa 2025). “2d 533 , 541 (Iowa 2022); see also Iowa Code § 147.140 (3) (“The parties shall comply with the requirements of section 668.”
Est. of David Spieker, by its Adm'r, Diana Spieker, & Diana Spieker, individually v. Catholic Health Initiatives - Iowa Corp d/b/a Mercyone Des Moines Surgical Grp. & Dennis Witmer, D.O., 29 N.W.3d 24 (Iowa Ct. App. 2025).
Jessica McHugh v. Adam B. Smith, 966 N.W.2d 285 (Iowa Ct. App. 2021). “Iowa Code § 147.140 (1)(a). The next paragraph specifies what the affidavit must include: A certificate of merit affidavit must be signed by the expert witness and certify the purpose for calling the expert witness by providing under the oath of the expert witness all of the…”
James Butler v. Rajalakshmi Iyer, 978 N.W.2d 98 (Iowa Ct. App. 2022).
Iowa Code § 147.140(4): 10 cases
James Butler v. Rajalakshmi Iyer, 978 N.W.2d 98 (Iowa Ct. App. 2022).
Michael Kenneth Schmitt v. Floyd Valley Healthcare, 965 N.W.2d 642 (Iowa Ct. App. 2021).
Est. of Butterfield v. Chautauqua Guest Home, Inc., 987 N.W.2d 859 (Iowa Ct. App. 2022).
Teresa Marie Rarick v. Wesley Smidt & Des Moines Orthopaedic Surgeons, Pc, 36 N.W.3d 1 (Iowa 2026). “3d at 275; see Iowa Code § 147.140 (6). We have also recognized that through Iowa Code section 622.”
Schneider v. Jennie Edmundson Mem'l Hosp., 958 N.W.2d 610 (Iowa Ct. App. 2021).
Iowa Code § 147.140(5): 1 case
Teresa Marie Rarick v. Wesley Smidt & Des Moines Orthopaedic Surgeons, Pc, 36 N.W.3d 1 (Iowa 2026). “3d at 275; see Iowa Code § 147.140 (6). We have also recognized that through Iowa Code section 622.”
Iowa Code § 147.140(6): 39 cases
S.K. v. Obstetric & Gynecologic Assocs. of Iowa City & Coralville, P.C., 13 N.W.3d 546 (Iowa 2024). “at 373–77 (emphasis omitted) (quoting Iowa Code § 147.140 ). So we reversed the district court’s denial of the medical providers’ dispositive motions, and we remanded for dismissal of the plaintiff’s claims.”
S.K. v. Obstetric & Gynecologic Assocs. of Iowa City & Coralville, P.C., 13 N.W.3d 546 (Iowa 2024). “at 373–77 (emphasis omitted) (quoting Iowa Code § 147.140 ). So we reversed the district court’s denial of the medical providers’ dispositive motions, and we remanded for dismissal of the plaintiff’s claims.”
Marlene Banwart v. Neurosurgery of North Iowa, P.C., 18 N.W.3d 267 (Iowa 2025). “2d 533 , 541 (Iowa 2022); see also Iowa Code § 147.140 (3) (“The parties shall comply with the requirements of section 668.”
Gloria Ann Shontz v. Mercy Med. Ctr.-Clinton, Inc., 33 N.W.3d 598 (Iowa 2026).
Michelle Bunce v. Calvin Hansen, 36 N.W.3d 246 (Iowa 2026).
Iowa Code § 147.140(7): 2 cases
Charlene Jorgensen v. Adam B. Smith, 2 N.W.3d 868 (Iowa 2024). “’ ” (Alteration in original) (quoting Iowa Code § 147.140 (1)(a)). But the defendants’ brief does not contain arguments about the “profession” option or the “in patient care” option.”
Jacqueline Struck v. Mercy Health Servs.-Iowa Corp., 973 N.W.2d 533 (Iowa 2022).
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