Legal Opinion · Dissent

Paula Segura and Ricardo Segura v. State of Iowa

Supreme Court of Iowa

Decided January 13, 2017No. 15–0203Published

1DissentMansfield, Justice

I respectfully dissent. Under the court’s decision, the State will no longer be able to *230insist upon signed claims, let alone verified ones. In my view, the court has disregarded clear language in chapter 669 and the Iowa Administrative Code, while uprooting established caselaw. All this is being done to bring to life a claim that the attorney likely knew was noncompliant when he submitted it.

This case involves alleged medical malpractice that occurred at the University of Iowa Hospitals on May 12, 2009. As early as April 2010, the Seguras were in contact with their present attorney. However,…

2Cases cited12 opinions

  1. Mary E. Tucker v. United States Postal ServiceCourt of Appeals for the Third Circuit · 1982
  2. Voss v. State, Iowa Department of TransportationSupreme Court of Iowa · 1996
  3. Dennis L. Smith v. Iowa State University of Science and Technology and State of IowaSupreme Court of Iowa · 2014
  4. Joshua N. Thomas v. Officers Tim Gavin, Chuck Tygart, Jess Bernhard, and Adam Olson Deputy Sheriff Luke Hruby Reserve Deputy Sheriff Joshua Gersten the City of North Liberty, Iowa and Johnson County, IowaSupreme Court of Iowa · 2013
  5. Vania Minor, Individually and as Mother, Natural Guardian and Next Best Friend of D.A. v. State of Iowa, Becky Grabe, Individually and Cleo Hester, IndividuallySupreme Court of Iowa · 2012

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