STRUCK v. MERCY HEALTH SERVICES-IOWA CORP.

No. 20-1228.

973 N.W.2d 533 (2022)

Jacqueline STRUCK, Appellant, v. MERCY HEALTH SERVICES-IOWA CORP. a/k/a Mercy Medical Center-Sioux City, Rodney J. Dean, Albert Okine, and Eileen Middleton, Appellees.

Supreme Court of Iowa.

Filed April 22, 2022.


Attorney(s) appearing for the Case

Thomp J. Pattermann of Gallner & Pattermann, P.C., Council Bluffs, for appellant.

Frederick T. Harris of Lamson Dugan & Murray, LLP, Omaha, Nebraska, for appellee Mercy Health Services-Iowa Corp. Sioux City a/k/a Mercy Medical Center.

John C. Gray of Heidman Law Firm, P.L.L.C., Sioux City, for appellees Rodney J. Dean, M.D., Albert Okine, P.A., and Eileen Middleton, P.A.


This appeal presents our first opportunity to address the certificate of merit requirement in Iowa Code section 147.140 (2018) governing medical malpractice actions. The plaintiff was hospitalized to treat her prolonged dizziness. While medicated, she stood up and fell in her hospital room, suffering injuries. She sued the hospital...

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