Background
Jacob Knapp sued the State of Iowa after a 2022 surgery at the University of Iowa Hospitals and Clinics. He alleged that certified registered nurse anesthetist Brittany Van Sickle negligently oversaw his sedation, causing perioperative hypotension and permanent vision loss. After the State certified that Van Sickle acted within the scope of her employment, Knapp dismissed her individually.
Knapp timely served a certificate of merit from another nurse anesthetist. The signed, unsworn document stated that its author made the statements “in good faith and under penalty of perjury,” but it was neither dated nor notarized and did not certify that its contents were true under Iowa law. The district court dismissed the malpractice action and also dismissed any potential claims involving providers other than Van Sickle.
The Court’s Holding
The Iowa Court of Appeals affirmed. Under Iowa Code section 147.140, a certificate of merit must be supported by an affidavit or substantially comply through Iowa’s unsworn-statement statute, section 622.1. Because the certificate was not a sworn affidavit, it had to satisfy section 622.1.
The court held that “under penalty of perjury” alone was insufficient. Section 622.1 requires a signed and dated written statement certifying that the matter is true under penalty of perjury under Iowa law. The certificate omitted both the required truth certification and a date, so it did not substantially comply and dismissal with prejudice was required. The court did not reach Knapp’s challenge to the partial dismissal because he never sought leave to amend his petition.
Key Takeaways
- An unsworn medical-malpractice certificate must satisfy all material requirements of Iowa Code section 622.1.
- Including “under penalty of perjury” does not cure the absence of a truth certification and execution date.
- A plaintiff must seek amendment in the district court to preserve a claim that additional defendants or theories should be added.
Why It Matters
The decision applies recent Iowa Supreme Court precedent strictly: certificate-of-merit affidavits are not mere technicalities. Medical-malpractice plaintiffs and counsel must ensure that an unsworn expert certificate expressly certifies truth under Iowa law, states it is under penalty of perjury, is signed, and is dated.