Bill Text: IA SF371 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to liability cases involving licensed professionals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF371 Detail]
Download: Iowa-2011-SF371-Introduced.html
Senate
File
371
-
Introduced
SENATE
FILE
371
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
liability
cases
involving
licensed
1
professionals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
371
Section
1.
Section
668.11,
Code
2011,
is
amended
to
read
as
1
follows:
2
668.11
Disclosure
of
expert
witnesses
in
liability
Liability
3
cases
involving
licensed
professionals
——
expert
witnesses
——
4
malicious
prosecution
——
abuse
of
process
.
5
1.
a.
A
party
in
a
professional
liability
case
brought
6
against
a
licensed
professional
pursuant
to
this
chapter
who
7
intends
to
call
an
expert
witness
of
their
own
selection,
shall
8
certify
to
the
court
and
all
other
parties
the
expert’s
name,
9
qualifications
,
and
the
purpose
for
calling
the
expert
within
10
the
following
time
period:
11
a.
(1)
The
plaintiff
within
one
hundred
eighty
days
of
the
12
defendant’s
answer
unless
the
court
for
good
cause
not
ex
parte
13
extends
the
time
of
disclosure.
14
b.
(2)
The
defendant
within
ninety
days
of
plaintiff’s
15
certification.
16
2.
b.
If
a
party
fails
to
disclose
an
expert
pursuant
to
17
subsection
1
paragraph
“a”
or
does
not
make
the
expert
available
18
for
discovery,
the
expert
shall
be
prohibited
from
testifying
19
in
the
action
unless
leave
for
the
expert’s
testimony
is
given
20
by
the
court
for
good
cause
shown.
21
3.
This
section
does
not
apply
to
court
appointed
experts
or
22
to
rebuttal
experts
called
with
the
approval
of
the
court.
23
c.
A
party
shall
disclose
the
following
information
for
24
each
expert
witness
whose
testimony
the
party
anticipates
using
25
at
trial
or
for
each
expert
witness
upon
whose
opinion
the
26
opinions
or
conclusions
of
any
expert
witness
whose
testimony
27
is
anticipated
for
use
at
trial
is
based:
28
(1)
A
written
report
prepared
and
signed
by
the
expert.
29
(2)
A
complete
statement
of
all
opinions
the
expert
30
is
expected
to
express
and
the
basis
and
reasons
for
such
31
opinions.
32
(3)
A
complete
statement
of
the
data
or
other
information
33
considered
by
the
expert
in
forming
the
expert’s
opinions.
34
(4)
Any
exhibits
or
other
tangible
materials
considered
by
35
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371
the
expert
in
forming
the
expert’s
opinions.
1
(5)
The
expert’s
qualifications
including
a
list
of
all
2
publications
authored
by
the
expert
in
the
previous
ten
years.
3
(6)
A
list
of
all
other
cases
in
which
the
expert
has
4
testified
as
an
expert
and
not
as
a
party
in
the
previous
ten
5
years.
6
(7)
All
of
the
following:
7
(a)
The
relationship
between
the
expert
and
the
party
8
including
the
party’s
attorney,
insurer,
or
surety,
including,
9
at
a
minimum,
a
description
of
all
matters
for
which
the
expert
10
has
been
used
as
a
consultant
or
trial
expert
for
the
party.
11
(b)
The
compensation
paid
to
the
expert
for
each
matter
on
12
which
the
expert
has
been
consulted
and
the
annual
compensation
13
paid
to
the
expert
during
the
previous
ten
years
by
the
party
14
designating
the
expert.
15
d.
The
disclosures
described
in
paragraph
“c”
shall
be
16
admissible
as
evidence
subject
only
to
such
evidentiary
17
objections
as
would
otherwise
apply
to
the
information.
18
2.
This
section
does
not
apply
to
court-appointed
experts
or
19
to
rebuttal
experts
called
with
the
approval
of
the
court.
20
3.
a.
A
licensed
professional
subject
to
a
claim
for
21
negligence
or
other
unintentional
misconduct
shall
have
a
cause
22
of
action
for
malicious
prosecution
in
a
subsequent
claim
23
against
the
person
who
brought
such
claim
and
their
attorney,
24
or
both,
if
all
of
the
following
occur:
25
(1)
The
original
claim
was
dismissed
as
to
the
licensed
26
professional
or
the
trier
of
fact
found
that
the
conduct
of
27
the
licensed
professional
was
not
the
proximate
cause
of
the
28
claimant’s
or
plaintiff’s
damages.
29
(2)
The
trier
of
fact
found
that
the
person
who
brought
the
30
claim
against
the
licensed
professional
lacked
probable
cause
31
to
do
so
at
the
time
the
original
action
against
the
licensed
32
professional
was
commenced.
33
b.
The
licensed
professional’s
damages
may
include
but
34
are
not
limited
to
attorney
fees,
expert
witness
fees,
travel
35
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371
expenses,
and
the
value
of
the
time
spent
preparing
for
or
1
participating
in
the
defense
of
the
original
claim
against
the
2
licensed
professional.
3
4.
Any
party
who
has
successfully
brought
a
claim
for
4
professional
liability
against
a
licensed
professional
shall
5
have
a
cause
of
action
for
abuse
of
process
when
all
of
the
6
following
conditions
exist:
7
a.
The
professional
liability
action
proceeded
to
trial
and
8
was
not
resolved
by
settlement
prior
to
an
initial
decision
by
9
the
trier
of
fact
in
favor
of
the
person
bringing
the
action
10
against
the
licensed
professional.
11
b.
The
trier
of
fact
awarded
damages
and
those
damages
12
exceed
the
final
settlement
demand
of
the
person
so
demanding
13
by
more
than
one
hundred
percent.
14
EXPLANATION
15
This
bill
relates
to
liability
cases
involving
licensed
16
professionals.
17
EXPERT
WITNESSES.
The
bill
amends
current
law
relating
18
to
the
disclosure
of
an
expert
witness
in
a
liability
case
19
involving
a
licensed
professional
to
require
a
party
who
20
expects
to
call
an
expert
witness
at
trial
or
upon
which
the
21
opinions
or
conclusions
of
the
expert
witness
are
based
to
22
include
certain
specific
information
including
the
expert’s
23
qualifications,
a
written
report,
data,
and
other
expertise
the
24
expert
intends
to
rely
on,
as
well
as
information
relating
to
25
any
relationship
between
the
expert
and
the
party
including,
at
26
a
minimum,
a
description
of
all
matters
for
which
the
expert
27
has
been
used
as
a
consultant
or
trial
expert
for
the
party,
28
and
the
compensation
paid
to
the
expert
for
each
matter
on
29
which
the
expert
has
been
consulted
and
the
annual
compensation
30
paid
to
the
expert
during
the
previous
10
years
by
the
party
31
designating
the
expert.
The
bill
provides
that
the
disclosures
32
required
in
the
bill
shall
be
admissible
as
evidence
subject
33
only
to
such
evidentiary
objections
as
would
otherwise
apply
to
34
the
information.
The
bill
does
not
apply
to
court-appointed
35
-3-
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371
experts
or
to
rebuttal
experts
called
with
the
approval
of
the
1
court.
2
MALICIOUS
PROSECUTION.
The
bill
provides
that
a
licensed
3
professional
subject
to
a
claim
for
negligence
or
other
4
unintentional
misconduct
has
a
cause
of
action
for
malicious
5
prosecution
in
a
subsequent
claim
against
the
person
who
6
brought
such
claim
and
their
attorney,
or
both,
if
the
7
original
claim
was
dismissed
as
to
the
licensed
professional
8
or
the
trier
of
fact
found
that
the
conduct
of
the
licensed
9
professional
was
not
the
proximate
cause
of
the
claimant’s
10
or
plaintiff’s
damages
and
the
trier
of
fact
found
that
the
11
original
plaintiff
who
brought
the
claim
against
the
licensed
12
professional
lacked
probable
cause
to
do
so
at
the
time
13
the
original
action
against
the
licensed
professional
was
14
commenced.
The
licensed
professional’s
damages
may
include
but
15
are
not
limited
to
attorney
fees,
expert
witness
fees,
travel
16
expenses,
and
the
value
of
the
time
spent
preparing
for
or
17
participating
in
the
defense
of
the
original
claim
against
the
18
licensed
professional.
19
ABUSE
OF
PROCESS.
The
bill
provides
that
any
party
who
has
20
successfully
brought
a
claim
for
professional
liability
against
21
a
licensed
professional
shall
have
a
cause
of
action
for
abuse
22
of
process
when
the
professional
liability
action
proceeded
to
23
trial
and
was
not
resolved
by
settlement
prior
to
an
initial
24
decision
by
the
trier
of
fact
in
favor
of
the
person
bringing
25
the
action
against
the
licensed
professional
and
the
trier
26
of
fact
awarded
damages
and
those
damages
exceed
the
final
27
settlement
demand
of
the
person
so
demanding
by
more
than
100
28
percent.
29
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