Hummel v. Smith
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In the case before the Supreme Court of Iowa, the plaintiff, Renee Hummel, brought a medical malpractice suit against the defendants, Adam B. Smith, Adam Smith, M.D., P.C., and Tri-State Specialists, L.L.P. The defendants requested an interlocutory review of a lower court order that denied their motion to strike and for summary judgment. The issue at the heart of the defendants' motion was that the expert who signed the plaintiff's certificate of merit did not have an active license to practice medicine.
The Supreme Court of Iowa reversed the lower court's decision and remanded the case. The court determined that an expert who signs a plaintiff's certificate of merit in a medical malpractice case must have an active license to practice medicine. Therefore, the lower court erred in denying the defendants' motion to strike and for summary judgment on the basis that the plaintiff's certificate of merit was signed by an expert without an active medical license.
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