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 health care 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
- Misdiagnosis of breast cancer
- Cancer misdiagnosis
- Hospital negligence
- Medication errors
- Transfusion errors
- Wrong-site surgery
- Improper reading of X-rays
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 150-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 breached that duty by failing to meet the accepted standard of care. The standard of care refers to the level of skill and care that a reasonably competent provider in the same specialty would have provided under similar circumstances. Your attorney uses expert testimony to show how the provider’s actions fell short of this standard.
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.
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, non-economic 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.
