Darrin P. Miller, Individually, as of the Estate of Meredith R. Miller, and as Parent, Guardian, and Next of Friend of S.M.M., a Minor v. Catholic Health Initiatives-Iowa, Corp. d/b/a MercyOne Des Moines Medical Center, William Nowysz, Joseph Losh, Hijinio Carreon, Noah Pirozzi, Danielle Chamberlain, and Daron Darmening, 7 N.W.3d 367

Meredith Miller died following an emergency intubation error at MercyOne Des Moines Medical Center after a car accident.
Darrin Miller, as plaintiff, sued medical providers for malpractice, alleging negligent airway management and cover-up attempts.
Iowa's certificate of merit statute (Iowa Code § 147.140) requires a sworn affidavit by a qualified expert within 60 days of a defendant's answer in medical malpractice cases.
Plaintiff served an expert's signed report—but not under oath or penalty of perjury—within the statutory deadline; a properly sworn declaration came 3 months late.
Defendants moved to dismiss for failure to comply with the affidavit requirement and challenged the expert’s qualifications; the district court denied both motions.
The Iowa Supreme Court granted interlocutory appeal to resolve compliance with the statutory affidavit requirement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an unsworn signature on an expert report complies with § 147.140's affidavit requirement	The expert’s signed report, with credentials and opinions, substantially complied.	Only a sworn, timely affidavit meets the statute’s aim; unsworn signatures are insufficient.	Unsworn signature fails to substantially comply; statute requires timely sworn affidavit.
Whether a late-filed sworn affidavit can cure a violation	Subsequent sworn affidavit, though late, remedied the technical deficiency.	Late affidavit cannot cure initial noncompliance; deadline is strict.	Late affidavit does not cure violation per precedent; only timely affidavits count.
Whether the expert was qualified under § 147.139	The expert’s airway management expertise qualified her to opine on standard of care.	Expert was not licensed in the same or similar field as defendants; not qualified.	Court did not reach this issue (decided the case solely on affidavit compliance).
Need to prove prejudice for dismissal under § 147.140(6)	Delay did not prejudice defense; case should not be dismissed for technical lapse.	Statute does not require showing prejudice; noncompliance alone requires dismissal.	Defendant need not prove prejudice; failure to comply mandates dismissal with prejudice.

Estate of Fahrmann v. ABCM Co., 999 N.W.2d 283 (Iowa 2023) (timely sworn certificate of merit is mandatory and late compliance does not cure violation)
Hummel v. Smith, 999 N.W.2d 301 (Iowa 2023) (substantial compliance requires adherence to essential statutory requirements)
Struck v. Mercy Health Servs.—Iowa Corp., 973 N.W.2d 533 (Iowa 2022) (purpose of certificate of merit is early dismissal of unsupported negligence claims)