Is It Easy to Win Medical Lawsuits in Iowa
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FAQ – Medical Malpractice in Iowa
Medical malpractice cases can be notoriously complex, and should be handled by a skilled attorney with experience in the field. However, to help provide a basic understanding of this field of law, we have crafted a short FAQ on the subject. If you believed you have suffered at the hands of a medical provider, don't hesitate to reach out to us today for professional help with your case.
Question : What must I prove in order to win my medical malpractice case?
Answer : While each medical malpractice case is different, injured individuals who sue in Iowa should be prepared to show that there was a doctor-patient relationship (or healthcare professional-patient relationship), that their doctor (or other healthcare professional) failed to meet the standard of care that is required of similarly situated professionals, that the patient suffered some sort of injury, and that this injury was caused by the substandard care provided.
Question : What are some examples of situations in which medical professionals are often sued for medical malpractice?
Answer : Substandard care can occur in a variety of different ways in medical malpractice cases, including:
- Misdiagnosis, delayed diagnosis, or failure to diagnose,
- Birth injuries,
- Anesthesia errors,
- Errors in prescribing medicine, and
- Surgical errors (for example operating on the wrong body part or leaving surgical instruments in the body).
Question : Who can I sue in a medical malpractice case?
Answer : In Iowa, any negligent healthcare professional who is licensed to provide medical services can be sued in a medical malpractice case. These defendants can be individuals or legal entities (such as a corporation). For example, a medical malpractice plaintiff may have a case against both the doctor who operated on them and the hospital in which the surgery was performed.
Question : Is there a cap on medical malpractice payouts in Iowa?
Answer : Many states place caps on medical malpractice payouts, however Iowa does not. This makes our state an extremely plaintiff friendly jurisdiction for medical malpractice claims as there is no limit to the amount that successful plaintiffs are able to recover for the damage caused by their injury. Additionally, plaintiffs in Iowa are also eligible to receive both non-economic damages and punitive damages.
Question : How long do I have to file my medical malpractice claim?
Answer : In Iowa, there is a statute of limitations that governs how long medical malpractice plaintiffs have to file their claim. This statute is contained in section 614.1(9) of the Iowa Code of Law and states that, under most circumstances, medical malpractice claims in Iowa must be filed within two years of when the underlying injury occurred, or when the plaintiff knew or reasonably should have known of the injury, whichever date occurs first. However, the statute also states that no medical malpractice action may be brought more than six years after the date on which the alleged injury occurred (unless a foreign object intentionally left in the body was what caused the injury).
Get Your Medical Malpractice Claim Started
If you believe that you were injured due to a healthcare professional's negligence be sure to consult with a local personal injury attorney as soon as possible. At the Noyes Law Office, P.C. our experienced attorneys are committed to helping our clients aggressively pursue the compensation that they are entitled to and need in order to move on with their lives. Individuals who think that they may have been injured due to medical malpractice are invited to contact our Fairfield office today at (641) 472-3236 to schedule a no obligation consultation.
Resources:
coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=83&input=614
law.cornell.edu/wex/standard_of_care
Source: https://www.noyeslawoffice.com/faq-medical-malpractice-in-iowa/
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