from the Iowa District Court for Cerro Gordo County,
Christopher Foy, Judge.
appeals the district court's ruling granting summary
judgment in favor of defendants on a medical malpractice
A. Humphrey of Humphrey Law Firm, PC, Des Moines, for
M. Alt and Desirée A. Kilburg of Shuttleworth &
Ingersoll, PLC, Cedar Rapids, for appellees.
by Vaitheswaran, P.J., and Mullins and McDonald, JJ.
VAITHESWARAN, PRESIDING JUDGE.
Tamayo contracted a deep-tissue infection following surgery.
She filed a medical malpractice action against Dr. Charles
Debrah, who performed the surgery, as well as Mercy Health
Services-Iowa Corporation, d/b/a Mercy Medical Center-North
Iowa. The district court (1) struck her expert witnesses for
failure to timely designate them and (2) granted summary
judgment in favor of the defendants. On appeal, Tamayo
challenges both rulings.
Ruling Striking Experts
Code section 668.11 (2015), governing the designation of
experts in a medical malpractice action, states:
1. A party in a professional liability case brought against a
licensed professional pursuant to this chapter who intends to
call an expert witness of their own selection, shall certify
to the court and all other parties the expert's name,
qualifications and the purpose for calling the expert within
the following time period:
a. The plaintiff within one hundred eighty days
of the defendant's answer unless the court for good cause
not ex parte extends the time of disclosure.
. . . .
2. If a party fails to disclose an expert pursuant to
subsection 1 or does not make the expert available for
discovery, the expert shall be prohibited from
testifying in the action unless leave for the expert's