Iowa Medical Malpractice Lawyers
We believe people seeking medical care should take the initiative to become educated about treatment options and risks. However, we also realize that people have no choice but to trust physicians and other medical professionals — as well as manufacturers who market prescription drugs and medical devices — to exercise professional care and prioritize their safety.
Experience Across the Spectrum of Diagnostic, Surgical and Other Medical Errors
Our Iowa medical malpractice attorneys and dedicated staff bring a deep client commitment to each medical negligence case we evaluate and pursue, including those based on:
- Negligent prenatal care or delivery procedures that cause severe birth injuries — including cerebral palsy and Erb’s palsy
- Improper vacuum or forceps extraction
- Failure to test a pregnant mother for group B streptococcus (GBS) and take measures to protect the newborn from pneumonia, meningitis and other life-threatening conditions
- Surgical errors, including operation on the wrong body part, performance of unnecessary surgery or failure to respond effectively to complications
- Radiology errors involving misread X-rays, MRIs, ultrasound or other test results
- Hospital negligence, including emergency room errors, prescription medication errors, and costly negligence in hiring, training or communications
- Failures to diagnose cancer and commence treatment in a timely manner
- Other instances of delayed diagnosis or misdiagnosis
Defective Medical Equipment or Devices
Our defective medical device lawyers help clients who have been hurt by defective medical devices and equipment. We have a wealth of experience with settlement negotiation and litigation in defective medical device cases, which can slightly differ from other medical negligence or malpractice suits due to the various avenues of compensation, including manufacturers and distributors.
Offering Proven Representation or an Attorney Referral for Your Case
Our experienced lawyers directly handle many types of medical negligence and malpractice lawsuits. We also offer counsel and facilitate communication between medical malpractice victims and other respected law firms focused on specific legal areas, including pharmaceutical defects and class action lawsuits.
Talk to Our Des Moines Medical Negligence Attorneys
With over a quarter century of experience representing injured Iowans and their families, our firm is an excellent resource for sound legal counsel. If you have suffered serious consequences from a medical mistake or the use of a defective medical product, please request a free consultation with our proven Iowa medical malpractice lawyer today.
Let Us Show You What to Expect During a Malpractice Lawsuit
If you are worried about what to expect during the personal injury legal process, you are not alone. Most people feel exactly the same way.
That is why you have us. We make it our job to serve as your personal guides through the legal process.
On your behalf, we will navigate the hidden pitfalls that can make other less wary people stumble. We can do this because we have already traveled this road thousands of times for many, many other people.
What Steps Are Involved in a Malpractice Case?
We can offer you a brief introduction below to the different phases of your case:
Evaluation: We do not take on cases just for the sake of taking on cases. Instead, you can depend on us to exercise our seasoned legal judgment on your behalf. We can help you understand whether a lawsuit best protects your rights given the facts of your case.
One of the ways we can help you determine whether a lawsuit makes sense for you is to perform a type of cost-benefit analysis with you. We help you consider the expense (both financial and personal) that would be involved in bringing a case and set it against the benefit you would receive from a case. As part of that calculation, we help you understand the likelihood of your case succeeding. We do not simply send you down the hard road of litigation while hoping for the best.
Where we feel (and you agree) that moving forward with a lawsuit best serves your interests, we work with you financially as well. Our firm puts its own resources into your case by advancing you the costs of the case. These costs are often incurred during the discovery phase mentioned below where we interview witnesses, hire experts and gather documentation, among other steps.
Further, we only collect a fee if we recover compensation on your behalf. This way, we share the risk of moving forward with a case. For that reason, if we do advise you to move forward with your lawsuit, you will know we believe in you and the merits of your case.
Communications: You let us handle the phone calls now. When an insurance adjuster or an attorney for the insurance company attempts to communicate with you by phone or by letter, you tell us, and we will deal with it. Insurance companies will often try to get you to make certain admissions early on in the case. To do that, they want to make it look like they are just there to help you when, in fact, they are not. They are there to protect the insurance company’s bottom line by keeping your financial compensation to a minimum while making it sound like a good deal. For that reason, you want to work with us as early as possible when you have been injured so we can handle this phase on your behalf and preserve your rights to the maximum extent possible.
Discovery: Part of the malpractice lawsuit process is something called discovery. This phase usually occurs during the early parts of your case prior to anybody going to trial. During the discovery phase of a case, we gather the evidence, the facts and the information we need to build your case. The other side will also be asking us for similar materials.
Normally, these materials are gathered through legal communications called “Requests for Documents” and “Interrogatories.” Requests for Documents will usually involve one side asking for any paperwork the other side might have that is relevant to the case. Interrogatories usually involve simply asking the other side a set of questions they must answer in writing.
Depositions: A deposition can be a part of discovery. It is essentially an official discussion between an attorney or attorneys from one side of the case and a person or people from the other side of the case. Both sides are allowed a number of these discussions with certain time limitations set by law. Attorneys often use information and documents gathered during a deposition to develop legal strategy. If it becomes necessary for you to be involved in a deposition, we prepare you. To do that, we draw on decades of experience in taking and defending depositions in high-profile injury cases against some of the nation’s largest corporations.
Negotiations: While discovery and depositions can be used to build a case for trial, they can also be used to gather information and documents that can be used to prevent a case from going to trial in the first place. Negotiations do not necessarily have to take place in a formal meeting or in a formal setting, though they often do. Emails, letters, phone calls: All of these communications can constitute negotiations. When negotiating on your behalf, we work with you so you know what is being discussed and what kinds of offers are being made to you by the other side. We also make sure you understand the terms of any negotiation so you can decide intelligently whether an offer best protects your rights.
Trial: Not every client’s needs are best met by going to trial. If your rights are best protected by going to trial, though, you can depend on the seasoned judgment of our attorneys to advise you properly. Our decades of work with the most seriously injured people facing off against the largest insurance companies and corporations mean we can advise you intelligently as to how you should proceed in court. During trial, witnesses can be called from both sides, but only after they have been disclosed to the court and the other side in order to provide fair notice. The Perry Mason “gotcha” approach makes for good television, but has nothing to do with how trials actually work, particularly when it comes to injury matters.
We want to provide you with the roadmap you need to set your mind at ease. Our experience enables us to do exactly that for you. Over the decades, our firm has learned that the law is not just about the technical rules, but about the people as well. It is about you and your personal concerns. In many cases, that personal element of a case forms the foundation for success just as much as the law does.
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