Information and Insight for Injured Iowans

     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.    

     Are you looking for a qualified personal injury attorney in Iowa? A great way to find one is by checking with great lawyers within the state of Iowa. This doesn’t mean you have to search through the pages of a phone book or search endlessly on the Internet; instead, ask any potential attorney if they are a member of the Iowa Academy of Trial Lawyers.

     The Iowa Academy of Trial Lawyers is an invitation-only organization limited to the top 250 trial attorneys in Iowa. In order to be inducted, a lawyer must be nominated by a current member and then be evaluated by all Academy members. The Academy executive committee then selects inductees from among the qualified nominees. Membership in the Academy demonstrates a lawyer has a good reputation for trying cases in Iowa’s courtrooms.

     Find out other questions to ask your potential attorney by going to Iowa Car Accident Facts to download a free 35-page guide.

     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.

     Just like with doctors in medical cases, specialization matters. Not everyone has the expertise and knowledge to assess truck accident cases. There are many factors contributing to an accident and these can often times be overlooked by the untrained eye. Because of this, most semi accident cases would benefit from hiring a trucking industry expert witness.

     A good trucking industry expert can analyze the truck driver’s log and the trucking company’s records. An expert can identify applicable federal and state regulations and point out violations of trucking industry standards. As Cedar Rapids, Iowa, truck accident attorneys, we believe that failing to hire an industry expert to review a trucker’s records in a serious semi wreck can be a crucial error.

     For the truth about other mistakes that can impact your truck accident claim, go to Iowa Truck Accident Facts to download a free 35-page guide.

     Despite the fairly common occurrence of car accidents, there is a lot of confusion surrounding them.  Every day our office gets call from car accident victims who are uncertain about what they need to do following an accident.

     If you are injured in a car accident caused by another driver’s mistake, you have a personal injury claim. Under Iowa law, a car accident victim who wants to be compensated for a personal injury must be able to prove:

·         That the other driver was negligent

·         That the other driver’s negligence caused damage to the car accident victim

·         The amount of the car accident victim’s damages

     If the car accident victim cannot prove any one of the above three elements in a court of law, he or she is not entitled to compensation. That means the burden of proving everything—from identifying the important witnesses at the accident scene to providing documentation of all injury-related losses—ultimately falls on you, the car accident victim.

     For a more detailed explanation of an Iowa car accident victim’s legal obligations, go to Iowa Car Accident 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.

     The actions that you take following a truck accident can have lasting effects. As Iowa personal injury attorneys, we understand the importance of acting quickly after a truck accident. While taking photographs and speaking with law enforcement officials is crucial to your truck accident claim, it is just as important to promptly obtain the trucking companies records from both before and after the accident.

     Because there are special laws and regulations governing semi-trucks and the people who drive them, there should be documents showing when the trucker last stopped, slept, or even checked his brake lights. Unfortunately, the trucking company can start destroying driver logs and the supporting documentation after just six months. That is why it is essential that a truck crash victim’s attorney send a retention of evidence letter to the trucking company, the trucker’s insurance company and the truck driver as soon as possible.

     For the truth behind other mistakes that can impact your truck accident claim, go to Iowa Truck Accident Facts to download a free 35-page guide.

     Car accident victims want to get all the help they can for a claim. They look to numerous different people in various lines of work to assist with aspects of the case; what they don’t know is the biggest help to their own case can be given with a snap—or a click—of their own hands. As personal injury attorneys in Cedar Rapids, Iowa, we have seen how beneficial photographs taken by the car accident victim can be.

    Even if you believe the investigating officer or an insurance company representative took photographs, you should still get photographs taken on your own. Have all photos taken both up close and from a distance. Have three times as many photographs taken as you think you will need. In particular, get the following types of photos taken:

·         Photos of the accident location: Take photos of the scene both from the direction you approached and from the direction of the other driver’s approach. Take photos of all skid marks and measure them. Take photos of any debris left by the crash before moving it.

·         Photos of your vehicle: Do not have your vehicle repaired before it is photographed. Take photos from all angles – the outside, the interior, even the undercarriage when it is up on a lift at the garage.

·         Photos of your injury: Take photos of all visible injuries. Take photos of all bruises, scrapes, cuts, etc. while they are fresh.

·         Photos of your medical treatment: Have photos taken of you in the hospital. Have photos taken of all casts, slings, and bandages. If you are prescribed the use of a wheelchair, walker, or crutches, gets photos of those as well.

     When in doubt, take the photograph. If your case has to go to trial, you want to have all of the visual evidence that you can show to the jury.

     Would you like to learn more ways to protect your car accident claim? Go to Iowa Car Accident Facts to download a free 35-page guide.

     If you need immediate assistance, please call 1-888-546-6529 and we will try to help you.

As an Iowa Personal Injury Attorney handling personal injury and auto accident claims and as an old farm boy, I am familiar with the dangers of farm tractors, hay racks, wagons and machinery on the roads.   Many car crashes this time of year are intertwined with the harvest season.  Most involve deer moving about with all the commotion in the fields.  Unfortunately, some involve farmers not obeying the rules of the road – they are after all driving virtual tanks and are rarely hurt when a car collides with them on some rural Iowa road.  They are used to driving in the field where the only traffic is the wildlife scattering to get out of the way.   Some folks seem to forget that they are going to be on the roadways when the workday (or night) is done so in the meantime they have a few beers in the tractor cab.  It is against Iowa law to operate any motor vehicle under the influence of alcohol – even a tractor.  I handled a horrible accident case involving just that.  The farmer had lost his license for drinking violations but didn’t think twice about driving a field tractor and grain wagon home that night – pulling out from the field access directly in front of my client so that my client rear ended the unlit machinery.  All Iowa tractors on the roadways are supposed to have a slow moving triangle facing the rear and at night, an amber flashing light.   The slow moving triangle does no good when covered by field dust and the old lights on the implement are only good if they are converted to fit the new tractor – something not every farmer worries about until its dark outside and too late.  Especially if they have had had a few drinks, are tired and are not concerned about the safety of others.

If you have been hurt by a tractor, combine or some other farm machinery that was not obeying the rules of the road, give us a call and we’ll try to answer you questions.  In the meantime, keep in mind that there could be slow moving machinery around every corner this time of year in Iowa.  Take care and be safe.

Visit our website  www.riccololaw.com to learn what questions to ask your potential  attorney. We have downloadable, free guides on motorcycle, trucking and car accident cases or you can always call without charge or obligation and ask us questions: 1-888- 546-6529.

You’re in downtown Iowa City, Cedar Rapids, Davenport or some other Iowa town.  You’re in the middle of the block and want to jump across the street but don’t want to walk to the corner.   Very light traffic – what do you do?  Well, your asking an Iowa personal injury lawyer right now – so, I have lots of horrible accident cases I can give you by example.  Our firm has represented too many pedestrians (or their families) that have been hit by cars in Iowa.  The injuries are devastating – sometimes they are deadly.

According to the Iowa code, “A pedestrian in a crosswalk may rely upon an approaching driver’s duty to yield, but the pedestrian still must exercise ordinary care to avoid being struck by a motor vehicle which was seen or should have been seen. Whenever possible, pedestrians shall walk on the right half of the crosswalk.”  A violation of this law is negligence.  The law also states that “any pedestrian crossing a road at any point other than a crosswalk shall yield the right of way to all vehicles on the road.”
 

Please go to the crosswalk.  Heaven forbid you get hit by a car when you are walking – but if you are in the crosswalk when it happens you should have some redress for your potential medical bills or lost wages.   You are also a lot less likely to get hurt in the first place if you cross at the corner, in the crosswalk.  You want to make sure you adhere to these codes, keeping yourself safe and protected.  As you know, make sure you go over these rules with your children, also. 

If you’ve been hurt in a pedestrian accident, give us a call and we’ll try to answer you questions and address you concerns.  A claim is not barred if the injured person was not in the crosswalk, especially if the person was a child —  you just need to talk to a personal injury lawyer right way to make sure you handle the case appropriately.  Take care and be safe.
Visit our website  www.riccololaw.com to learn what questions to ask your potential  attorney. We have downloadable, free guides on motorcycle, trucking and car accident cases or you can always call without charge or obligation and ask us questions 1-888- 546-6529.