The Iowa Supreme Court issued an opinion Thursday reversing the dismissal of a wrongful death medical malpractice case filed by a widower representing himself against multiple healthcare defendants following his wife's death.
In *Estate of Kara B. Tornell and Preston H. Tornell v. Trinity Health Corporation* (Iowa 2026), the court vacated a Court of Appeals decision that had affirmed the district court's dismissal of the pro se lawsuit. Preston H. Tornell filed the action both individually and as administrator of his late wife's estate against Trinity Health Corporation, Catholic Health Initiatives-Iowa Corp. doing business as MercyOne West Des Moines Medical Center, MercyOne West Des Moines, and several individual physicians and medical practices.
The case centers on the death of Kara Tornell, who died the day after being admitted to the emergency department at MercyOne's West Des Moines hospital. Her husband Preston, acting without legal representation, filed the wrongful death action seeking damages from the medical defendants he alleged were responsible for his wife's death.
According to the court's opinion, the defendants moved to dismiss the lawsuit. The district court in Polk County, presided over by Judge Jeanie Vaudt, granted the dismissal. Preston Tornell appealed to the Iowa Court of Appeals, which affirmed the lower court's decision to dismiss the case.
The central legal issue before the Iowa Supreme Court was "whether the district court erred by dismissing a nonlawyer's wrongful-death action without granting the plaintiff's request for time to retain counsel." This question highlights the challenges faced by pro se litigants in complex medical malpractice cases, which typically require extensive legal expertise and resources to pursue successfully.
Justice Waterman delivered the opinion for the court, with all justices joining in the unanimous decision. The court's ruling vacated the Court of Appeals decision and reversed the district court's judgment, remanding the case with instructions for further proceedings.
The defendants in the case represent a significant cross-section of healthcare providers in the Des Moines area. Trinity Health Corporation and Catholic Health Initiatives-Iowa Corp., operating as MercyOne West Des Moines Medical Center, are major healthcare systems. The individual defendants include William E. Nowysz and his professional corporation William Nowysz, P.C., Des Moines River Physicians, LLC, Ryan Brimeyer, and The Iowa Clinic, P.C.
The legal representation in the case reflects the high-stakes nature of medical malpractice litigation. Preston Tornell was represented on appeal by S.P. DeVolder of The DeVolder Law Firm in Norwalk. The healthcare defendants were represented by experienced medical malpractice defense attorneys from prominent Iowa firms, including Lamson Dugan & Murray LLP, Shuttleworth & Ingersoll P.L.C., and Finley Law Firm P.C.
The Iowa Supreme Court's decision to reverse the dismissal suggests that the lower courts may have improperly denied Tornell's request for additional time to secure legal representation. In medical malpractice cases, courts often face the challenge of balancing the rights of pro se plaintiffs against procedural requirements and the complexity of medical negligence claims.
Wrongful death medical malpractice cases in Iowa must typically establish that healthcare providers breached the applicable standard of care and that this breach caused the patient's death. These cases often require expert medical testimony and extensive discovery, making them particularly challenging for self-represented litigants to pursue effectively.
The case was submitted to the Iowa Supreme Court on December 17, 2025, and the opinion was filed on February 6, 2026, indicating the court's relatively prompt consideration of the appeal. The unanimous nature of the decision suggests the justices found clear error in the lower courts' handling of Tornell's request for time to obtain counsel.
The remand with instructions indicates that the Iowa Supreme Court is directing the district court to take specific action on remand, though the full text of those instructions was not detailed in the available portions of the opinion. This procedural direction will guide how the case proceeds when it returns to the trial court level.
The decision highlights ongoing issues in the legal system regarding access to justice for individuals who cannot afford legal representation in complex civil cases. Medical malpractice litigation often requires significant financial resources for expert witnesses, medical record review, and extensive discovery, creating barriers for individual plaintiffs.
For the healthcare defendants, the reversal means they will need to continue defending against the underlying wrongful death claims on the merits rather than benefiting from the earlier procedural dismissal. The case will now return to the district court for further proceedings consistent with the Supreme Court's instructions.