Information and Insight for Injured Iowans

When proceeding with a medical malpractice lawsuit, it is important to know the types of compensation that you or your family would be eligible for receiving. This can save time and can determine what types of documents you or your attorney may need to complete.
In each and every case, the injured patient has the burden of proving that he or she suffered harms caused by the malpractice. In Iowa, only certain types of harms are eligible for financial compensation. Those types of harms include:

• Past Medical Expenses: An injured patient may be entitled to be compensated for the cost of all reasonable and necessary medical treatment that was caused by malpractice. If that medical treatment has already been paid for, the party who for that treatment may be entitled to reimbursement.
• Future Medical Expenses: An injured patient may be entitled to be compensated for the cost of future medical treatment caused by the malpractice if the patient can produce expert testimony stating that specific medical treatment will likely be reasonable and necessary in the future.
• Past Lost Wages: An injured patient may be entitled to be compensated for his or her lost wages (or lost time away from a business) if malpractice causes the patient to be unable to work. Typically, lost wages will only be compensated if an injured patient can show that attempting to work after an injury was either impossible or against a doctor’s orders.
• Loss of Future Earning Capacity: If malpractice impacts a patient’s ability to work and earn money in the future, a patient can ask for compensation for the likely decrease in his of her ability to ear. Typically, recovering this type of compensation requires hiring an economic expert to review past employment records and tax returns in order to calculate likely future earnings.
• Past or Future Loss of Function of the Body and/or Mind: If malpractice causes a patient to lost normal function of his or her body or mind, the patient can seek compensation for this loss. While a claim can be made for temporary loss of function, for the reasons explained above, successful medical malpractice cases typically require a permanent disability of the body or mind.
• Past or Future Physical or Mental Pain and Suffering: If malpractice causes bodily suffering, discomfort, mental anguish or loss of enjoyment of life, an injured patient can seek compensation for these harms. In our experience, it is rarely possible to base a successful medical malpractice case solely upon temporary physical or mental pain and suffering.
• Past or Future Loss of Consortium: In Iowa, loss of consortium comes in two varieties- loss of spousal consortium and loss of parental consortium. Loss of spousal consortium recognizes the impact of an injury or death upon the relationship between husband and wife. Loss of parental consortium recognizes the impact of an injury or death upon the relationship between parent and child.
• Punitive Damages: Punitive damages are not intended to compensate for harm at all. They are designed to “punish” someone who has intentionally committed a wrongful act so that they will be discouraged from making a similar choice in the future. Punitive damages are rarely awarded in medical malpractice cases because an injured patient can rarely prove that a medical professional intended to injure a patient.

For more information about medical malpractice in Iowa, go to Iowa Medical Malpractice Facts to download a free 35-page guide.

     There are many questions to ask an attorney to figure out if they are right for you. One particular question is if they are a member of the Million Dollar Advocates Forum. This could shed some light on the amount of experience the attorney has.

     The Million Dollar Advocates Forum is a national organization of attorneys who have obtained a verdict or settlement of a million dollars or more for a client. Past results do not necessarily predict future success, but it is important to know what kind of past results an attorney has had. If he or she has not won any big cases, the lawyer may not have enough experience to handle your case. At the time this blog was written, only 21 lawyers in Iowa could answer this question with a “Yes”, and three of them are in this office in Cedar Rapids, Iowa.

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

    If you have any related questions or any immediate concerns, do not hesitate to contact us toll-free: 1-888-546-6529.  We will do our best to answer your questions and there is no fee for an initial consultation.

     While you may believe you or your family’s condition was worsened due to poor medical treatment, you usually will need the agreement of another doctor to make a strong malpractice claim.  It is important to know which doctors can and will help you, and how to use their expertise to strengthen your claim.
     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 ad 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 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.
     If you have any questions or any immediate concerns, do not hesitate to contact us toll-free: 1-888-546-6529.   We will do our best to answer your questions and there is no fee for an initial consultation.

     There are many factors that should be considered when deciding on a medical malpractice attorney. Some factors can be evaluated on paper while others can only be judged in person. After making a list of potential attorneys, comparing their written materials, and narrowing down the list, the final step is meeting with the few attorneys left on that list. 

     Call each of the offices on your short list of potential attorneys and schedule an appointment to speak with an attorney. There is absolutely no substitute for sitting down with an attorney to determine if he or she will be a good fit for you. In order for an attorney to represent you well, you have to be comfortable with the attorney and trust him or her. In addition to your general feeling about each attorney, it is also important that you ask each of them the right questions. 

     We have written a free 35-page guide for medical malpractice victims, which can be ordered at Iowa Malpractice Facts.  It contains some questions you should ask about the prospective attorney’s experience in medical malpractice claims.    

     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.