Des Moines Medical Malpractice Attorneys

A malpractice case is based on injuries from the care or treatment rendered by a medical provider. Medical providers include doctors, nurses, hospitals, psychologists, X-ray technicians and a variety of other medical professionals.

At Roxanne Conlin & Associates, P.C., our Des Moines medical malpractice lawyers work with experienced, nationally recognized medical experts in reviewing and analyzing the actions of healthcare professionals. We identify departures from accepted procedures, miscommunications and recklessness that lead to serious injury or death.

We Handle All Types Of Medical Malpractice Cases

In most malpractice cases, injuries occur because doctors and other healthcare providers fail to follow standard treatment protocols. This can include tests not being performed, poor surgical techniques and diagnostic errors. The attorneys at Roxanne Conlin & Associates, P.C., handle all types of malpractice cases, including:

• Failure to diagnose: When a healthcare provider fails to identify a condition in time for proper treatment
• Misdiagnosis of breast cancer: When a failure to recognize breast cancer delays diagnosis and treatment
• Cancer misdiagnosis: When cancer is missed, diagnosed incorrectly or identified too late
• Hospital negligence: When unsafe practices or errors at a hospital cause serious injury
• Medication errors: When a patient receives the wrong medication, dose or method of administration
• Transfusion errors: When an error involving a blood transfusion causes injury or serious complications
• Wrong site surgery: When surgery is performed on the wrong part of the body or the wrong patient
• Improper reading of X-rays: When an error in reading or interpreting an X-ray leads to a missed or delayed diagnosis

Tragically, some medical negligence cases may result in fatalities. In these instances, we can help surviving family members file a claim for wrongful death. We understand that no amount of compensation can make up for the loss of a loved one. However, we can help send a message that reckless and negligent actions will not be tolerated.

Dedicated Representation In Birth Injury Cases

Most births and deliveries occur without incident. However, malpractice does sometimes occur. Physicians, midwives or nurses may fail to diagnose or properly treat conditions during the pregnancy. Or a protracted labor and delivery process may result in an impeded flow of oxygen to the child, which can lead to profound injuries. We can help you fight for the full and fair compensation you need in order to move forward with your life.

Iowa’s Certificate Of Merit Requirement

Iowa law sets specific procedural requirements for medical malpractice cases that you must meet to move your case forward. Under Iowa Code Section 147.140, you must serve a certificate of merit affidavit signed by a qualified expert witness within 60 days after the defendant files their answer to your lawsuit. This affidavit must state that the expert has reviewed your case and believes the medical provider’s actions fell below the accepted standard of care.

The expert who signs your affidavit must have the right qualifications. They need to practice in the same or a similar specialty as the defendant and have knowledge of the accepted standards of care for the type of treatment involved in your case. Finding and working with the right expert takes time and resources. Missing the 60-day deadline can result in the court dismissing your case entirely.

This requirement shows why working with a firm like Roxanne Conlin & Associates, P.C., matters. We maintain relationships with nationally recognized medical experts who can review your case, evaluate the care you received and provide the affidavit Iowa law requires. We handle the procedural steps so you can focus on your recovery.

Proving Negligence: The Four Elements Of A Malpractice Claim

To win a medical malpractice case in Iowa, you must prove four elements.

First, you must show the medical provider owed you a duty of care. This duty exists when a doctor-patient relationship forms, which happens when a provider agrees to treat you.

Second, you must prove the provider failed to meet the accepted standard of care. The standard of care is the level of care a qualified medical provider is expected to provide in a comparable situation. Your attorney uses expert testimony to show how the provider’s actions fell short.

Third, you must establish causation, which means proving the provider’s breach directly caused your injury. It’s not enough to show the provider made a mistake. You must connect that mistake to the harm you suffered. Finally, you must demonstrate damages, which include the actual harm you experienced, such as additional medical bills, lost wages, pain and suffering, or permanent disability.

Common Questions On Medical Malpractice In Des Moines

A medical malpractice claim can raise questions about deadlines, potential damages and who may be responsible for your injury. Understanding these issues can help you know what to expect and when to seek legal help.

How long do I have to file a medical malpractice lawsuit in Iowa?

In Iowa, the statute of limitations for medical malpractice is generally two years from when you discovered or, through reasonable diligence, should have discovered the injury. Iowa also has a six-year statute of repose that generally bars claims more than six years after the negligent act occurred, even if the injury was discovered later. Narrow exceptions may apply, including cases involving foreign objects left inside a patient’s body and certain injuries to children under age eight.

Because reviewing medical records and securing a Certificate of Merit can take time, you should speak with a lawyer as soon as you suspect medical negligence. Waiting too long may affect your ability to bring a claim.

What is the difference between economic and noneconomic damages in an Iowa malpractice claim?

Economic damages cover financial losses that can be measured. These may include past and future medical bills, rehabilitation costs, lost wages, reduced future earning capacity and the cost of long-term care.

Noneconomic damages address losses that are harder to measure, such as physical and emotional effects and changes to your daily life. Iowa law places limits on these damages in medical malpractice cases. The applicable cap can depend on the type of healthcare provider and whether a hospital is involved.

In serious injury cases, documenting future medical and care needs can be important when seeking compensation for economic losses.

Can I sue a Des Moines hospital directly, or only the negligent physician?

Depending on the details, you may be able to bring a claim against both a hospital and a healthcare provider. A hospital may be responsible for the negligence of an employee acting within the scope of their work.

A hospital may also face a direct claim based on its own conduct. This can include issues such as negligent credentialing, inadequate staffing, unsafe procedures or failures involving equipment and patient safety. Whether a hospital can be held responsible depends on the facts and legal basis for the claim.

Does Iowa have a cap on medical malpractice damages?

Iowa law limits the amount of noneconomic damages you can recover in a medical malpractice case. Noneconomic damages include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. Under Iowa Code Section 147.136A, noneconomic damages are subject to a tiered cap structure: $250,000 baseline, up to $1,000,000 against individual healthcare providers and up to $2,000,000 if a hospital is involved.

Economic damages remain uncapped. Economic damages include your medical expenses, rehabilitation costs, lost earning capacity and other financial losses directly tied to the malpractice. Your attorney calculates these damages based on your medical records, employment history and expert testimony about your future needs.

Call For A Consultation With A Des Moines Medical Malpractice Lawyer

If you or a loved one has been the victim of a medical mistake, it is important to get legal representation as soon as possible. There are stringent statutes of limitations for malpractice cases that limit the amount of time you have to file a lawsuit. Contact our Des Moines personal injury attorneys online or call 515-283-1111 to schedule an initial consultation to discuss your case.