Information and Insight for Injured Iowans

     Despite the multitude of information concerning medical malpractice, there is confusion about what malpractice entails and the effects it can have on the Iowa medical system. Educating yourself is the first way to protect yourself and your family from the misconceptions surrounding medical malpractice.
     “Medical malpractice” is a term used to describe a situation where a health care provider-like a doctor or a nurse- makes a medical error that results in serious harm to a patient. Medical malpractice can come in many shapes and sizes- a missed diagnosis, a delay in treatment, or an improper technique. Malpractice can happen at any stage of medical treatment and is not limited to just hospital care. Doctors’ offices, dentists’ chairs and chiropractors’ tables are all places where medical malpractice can occur.
Medical malpractice is surprisingly common. According to the National Academies of Science, as many as 98,000 Americans die from medical errors each year, and studies have shown that one in three Americans say that they or a family member have been a victim of an error during medical treatment.
     While medical malpractice is common, medical malpractice lawsuits are not common in Iowa. Despite what you have no doubt heard, medical malpractice lawsuits are not clogging up Iowa’s courts and medical malpractice verdicts in Iowa are not growing out of control. Here are the facts:

• Between 2002 and 2006, the number of medical malpractice claims in Iowa fell by 29%.
• Between 1992 and 2005, the total number of jury trials in Iowa fell by 38%.
• In the last decade, the average payment per settled medical malpractice claim was about $27,500.

     Why do so many people have mistaken beliefs about the medical malpractice system? Special interests like the insurance industry, HMOs, and drug companies have mounted multi-million dollar campaigns against the civil justice system and your Constitutional right to trial by jury. It is not difficult to understand why. Misinformation about an ever-increasing number of medical malpractice lawsuits that drive up the cost of medical care serves to poison juries and makes it difficult for a true malpractice victim to get justice in our courts.
     To learn more about medical malpractice claims in Iowa, go to Iowa Malpractice Facts to download a free 35-page guide.

     While you may believe poor medical treatment caused problems for you or a family member, you will usually need a doctor to confirm it.  It is important to know which doctors can and will help you, and how to use their expertise to get answers.
     In order to prove that a doctor committed malpractice in Iowa, an injured patient must usually present evidence showing that what the doctor did was different than what the average doctor- with the same experience and training- would have done. This evidence must usually come from another doctor who specializes in the same type of medicine as the doctor who is suspected of malpractice. In other words, if an emergency room doctor made a serious error during your treatment, you will usually need another emergency room doctor to testify that the care you received was “malpractice.”
In order to find out whether medical treatment qualifies as malpractice, an attorney has to gather all of the important medical records for an injured patient and then have those records evaluated by a doctor who will look for treatment that is “below the standard of care.”
     Usually, Iowa doctors will not publicly criticize the care provided by other Iowa doctors. That means that Iowa malpractice victims often need to have their cases evaluated by out-of-state doctors. A review by an out-of-state expert is usually the only way an injured patient can be assured of getting an honest assessment of questionable medical care.
     For that reason, a medical malpractice attorney must have contacts with medical experts around the country and enough expertise to gather the right records and ask the right questions. As you can probably imagine, contacts in the national community and medical-legal expertise can require years to develop. That is why it can be important to put your trust and your case in the hands of an Iowa attorney who has real experience handling medical malpractice cases.
     To learn more about medical malpractice in Iowa, go to Iowa Malpractice Facts to download a free 35-page guide.

      While searching for a qualified medical malpractice attorney in Iowa, you will no doubt notice the various distinctions and honors that some attorneys have listed. Before picking an attorney based on these credentials, you should find out how attorneys are given these honors and what it can tell you about the attorney’s experience. One such honor is being listed in The Best Lawyers in America.

     The Best Lawyers in America is a publication that is updated every two years and is one of the largest guides to attorneys in the United States. In order to be listed, you need to be nominated by someone who is already a member, and then go through a review process conducted by other attorneys around the country.

      The Best Lawyers in America book details which attorneys focus on certain areas like medical malpractice. A listing in The Best Lawyers in America does not guarantee that a lawyer is right for you, but it does demonstrate that this attorney is well-respected in the legal community.

To learn what other questions to ask your potential medical malpractice attorney, go to Iowa Malpractice Facts to download a free 35-page guide.

     As Cedar Rapids, Iowa medical malpractice lawyers we receive calls and emails about all kinds of potential medical negligence claims.   Deaths from Medical Malpractice errors are responsible for thousands of deaths and serious injuries each year.  In fact, it is believed that medical errors account for more deaths than from all car accident deaths.   

One of the more common and devastating effects of medical malpractice is cerebral palsy, a chronic medical condition caused by damage to a developing brain.  It often arises from inappropriate methods of delivery that cause lack of oxygen, bleeding, head trauma, or other injury to a newborn child.  

            Many medical errors have been associated with the birthing process, and just one of the injuries that can result from these errors is cerebral palsy.    A competent Iowa medical negligence lawyer can review the medical records, consult with an expert and let you know if you have a claim or should at least proceed further in the investigation.  In the very least they can help you know what decisions need to be made and in what timeframe. You should not go through this difficult time of pain, suffering and financial hardships alone.  It is important for you to contact an experienced Iowa lawyer who will protect your rights.  By hiring a qualified and experienced cerebral palsy lawyer, you may decide to file a lawsuit against the hospital or other parties responsible for the errors, and receive fair compensation for the injuries that your child has suffered; you may discover that malpractice did not occur. In the very least you will become better informed and know that you have considered your options.
 

To learn what questions to ask your potential medical malpractice attorney, go to Iowa Malpractice Facts to download a free 35-page guide.
 

While searching for a qualified medical malpractice attorney in Iowa, you will no doubt notice the various distinctions and honors that some attorneys have listed. Before picking an attorney based on these credentials, you should find out how attorneys are given these honors and what it can tell you about the attorney’s experience. One such honor is being listed in The Best Lawyers in America.

     The Best Lawyers in America is a publication that is updated every two years and is one of the largest guides to attorneys in the United States. In order to be listed, you need to be nominated by someone who is already a member, and then go through a review process conducted by other attorneys around the country.

      The Best Lawyers in America book details which attorneys focus on certain areas like medical malpractice. A listing in The Best Lawyers in America does not guarantee that a lawyer is right for you, but it does demonstrate that this attorney is well-respected in the legal community.

To learn what other questions to ask your potential medical malpractice attorney, go to Iowa Malpractice Facts to download a free 35-page guide.

      Being a smart consumer is easier than ever nowadays; we have newspapers, phonebooks, and the Internet, all at our fingertips. However, due to this ease of getting the information quickly, many people only look at one source of information and don’t do any more research on their own.  As a medical malpractice law firm based in Cedar Rapids, IA, we have witnessed the damaging effects that can arise from failing to thoroughly search for attorneys.

     What we are talking about here is the type of service –either over the phone or on the internet—where you are directed to describe your situation and give your city and state. In exchange, you are then provided with the name of an attorney to contact. A lawyer is listed by an attorney referral service or website not necessarily because they are good at the specific area of law, but because they have usually paid a fee to be listed. You won’t get a guarantee of the recommended lawyer’s expertise or experience. You need to have more information available to you to make an informed decision. Without more information, it is dangerous to rely solely on an attorney referral service or website’s recommendation or any other single source of information.

     For a step-by-step guide to finding the right malpractice attorney for you, go to Iowa Malpractice Facts to download a free 35-page guide.

     It is hard to know where to turn after a medical error causes death or serious injury.  Often injured patients or their families contact a local attorney without knowing whether the attorney is truly qualified to handle an Iowa medical malpractice case.  Unfortunately, few attorneys have experience investigating and winning medical malpractice cases in Iowa courtrooms. 

     For that reason, hiring an attorney because she lives down that street or because he handled a traffic ticket for you in the past can be a big mistake.

     What are the odds that you just happen to live minutes away from one of the relatively few Iowa lawyers who practice primarily in medical malpractice cases? The sad truth is that most people are willing to drive several hours for a good deal on a new car but they do not look beyond their hometown for a lawyer. Don’t get us wrong – if you were injured in Iowa, you will likely need a lawyer with a license to practice in Iowa. But what many people don’t realize is that a malpractice attorney who is licensed to practice law in Iowa can file a lawsuit in any Iowa county.

     You should not focus on picking the nearest attorney – you should focus on picking the best and most qualified one for your case. That kind of choice can and should involve a statewide search.

     For a step-by-step guide to finding the right Iowa malpractice attorney for you, go to Iowa Malpractice Facts to download a free 35-page guide.

Here in Iowa right now we have a heated gubernatorial race in full swing — and a swingin’ blows and tradin’ barbs they are.  While the strange brew of manipulation and morals common to a heated political race holds some of my interest, disappointment at the misinformation and more so at the public’s willingness to accept the propaganda causes me to typically turn away from politics.  

Now that I’m a tradesman and have been for over 10 years I might have just the beginning of learned wisdom – albeit on a limited topic.  I sue people every day.   I represent people injured by others.  It’s all I do.  I am proud of it.  I am intrigued and interested by it.  I do everything I can to learn it and learn from it.   

Admittedly, I make a living and take care of my family with my trade.  To that extent you can argue I am biased.   I fully disclosed that I would like to continue to make a living suing people - not only because it is a job I have learned how to do with some skill and not only because I enjoy it.  The primary reason why I continue to do what I do is because I am needed. 

I wouldn’t be so narcissistic to claim my job is a calling.  No, it’s much more earthly than that.  We live in a world where “big business” – i.e., the actual corporations and the more dangerous, mostly unexamined, pervasive thought process that has trickled down to our main street, our living rooms (and our jury boxes).   It is this “big business” thought process that has required my continued presence.   Innocent people are taken advantage of every day by this hurried, greedy, sloppy, and uncaring “big business” mentality.   God bless the good politicians for trying to stem the tide at the legislative level but it is at the dinner-table-take-your-kids-to-school-go-to-your-8-to-5-level that I fight this beast of mindset every day.

And here is it is – big business - manifesting itself in the Republican candidate’s announcement that we must put caps on medical malpractice claims.  According to him, your ability to see your family, your ability to walk with your loved ones, your ability to enjoy life is surely worth no more than $250,000 – even if all of these intangible losses are combined in the same unfortunate case.   Nope, it’s clear as day to him, you are worth about $250,000, period – about ½ of what the national Republican governors’ coalition gave to his campaign just this year.   

Why do we need this protection from ourselves?  Have I failed to recognize that our society has suddenly become so generous and empathetic that we cannot be fair and balanced?  Well, that’s not even the issue because if we had to talk about that we would see the truth wouldn’t we?  This legislation is simply unnecessary.  

No, the flip side of this coin is not the flip side at all.    The reason we need this limit is because apparently there are pregnant women in Iowa’s rural counties that are reduced to delivering their children in barns, backseats, etc.   I haven’t met any yet but they are allegedly there…never mind that Iowa is sliced and diced into 99 counties and in some of those counties – God forbid – you even have to drive 25 miles to get to a Wal Mart let alone a competent physician.    

On the real flip side, I have met children that have no use of their arm because some overworked, under-trained, and overzealous delivery doctor yanked so hard during the delivering process that the child’s nerves were ripped and destroyed.  Sad to say, I’ve met more than one child with a doctor-caused brachial plexus injury and they keep coming to our door   (Interestingly enough a couple generations ago, when some women were actually delivering at home in Iowa, this injury wasn’t seen.)

The truth of the matter is that medical malpractice cases in Iowa are tough.  Our firm turns down far more than we take.  I can live with that.  The truth of the matter is that the vast majority of malpractice cases are worth far less than $250,000 in the jury’s mind and verdict without any top-heavy help from the government.  I can live with that too.   The truth of the matter is that every balanced, unbiased study illuminates that the so-called medical malpractice crisis is a farce – merely more big business propaganda that has made some pretty good profits for insurance companies.    

Whoa, wait a second — the truth is something the Republican candidate cannot live with — but he’s pretty sure you can live with his misleading, misguided call for caps because you’ve been primed to take it. Years of insurance industry mistruths have you ready, willing and able to accept legislation that will take away your rights, your ability to recover fair compensation if you or your loved ones get hurt – you need to be protected from yourself.  Certainly not what our Constitution or founding fathers had in mind but the Constitution and self-governance are as far from your mind as about 8^th grade – the last time anyone scared you with the truth that we are supposed to operate with actual free will.

I’m not nearly as upset by this proposed legislation because it might impact my own business as you might think.   I am upset that almost every client I work with comes to me saying:  “I’m not the suing type, I never thought this would happen to me…”  In return, out of my learned respect for the “suing-type”, I ask every one of these clients “how many folks do you actually know that received several hundred thousand dollars for some fake injury or junk lawsuit?”   I have yet to meet a single person that personally knows of such a plaintiff.   They do not exist in the hoards or masses claimed by the politicians and insurance industry.  

Now ask these same folks: “How many people do you know, including yourself that has been hurt by the negligence of others?  Was that lost limb, life or joy worth less than $250,000?   Would you do it all again for $250,000?” 

Well, get ready — because if you let big business and insurance know that they can limit their losses to the tune of $250,000 and more importantly further ingrain the idea that such limits are necessary – more and more folks are gonna get injured and more and more folks are gonna come here asking the same questions but my answer is going to be different: “I cannot help you. It costs too much and the risk is too great to justify the potential benefit.”   Even before you have the chance to share your experience, seek fair justice, the battle will be lost and the insurance industry will have won.   

These caps aren’t designed to reasonably limit awards.  They are designed to foster unwarranted fears and keep you from even trying.  For just one moment, stop accepting what you are being sold, from them, from me, and actually exercise your freedom to study this issue.  After taking a look at the facts I hope you will find that what I have shared is a truth.  It’s one I know not because I want to keep suing people but because I have to.