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Iowa Medical Malpractice Questions & Answers
1 Answer | Asked in Consumer Law, Civil Rights and Medical Malpractice for Iowa on
Q: Can a doctor refuse to refill prescriptions for heart disease because the patient hasn't had a mammogram?
Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

An Iowa attorney could advise best, but your question remains open for two weeks. If there is some sound medical basis, possibly - it would be best to consult with a local attorney for guidance under local law, with more detail and context. Good luck

1 Answer | Asked in Medical Malpractice for Iowa on
Q: I think I have a medical misdiagnosis case

I went to planned parenthood for STD testing. The results came back positive for a STD. They were to prescribe me some meds. Well after checking daily for several days at my local pharmacy the meds were not there. So I called Planned parenthood and got a run around. This ended up happening over and... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 29, 2023

Yes you and your husband have cases. Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case. Consult with experienced Medical Malpractice attorneys in the state where this occurred.

1 Answer | Asked in Medical Malpractice for Iowa on
Q: So I have a question about suing the VA in Knoxville Iowa for basically ruining me and my brother's lives

Back when me and my brother were about 14 and 13 our father Became bedridden Most to do with heartbreak from our mother dying now he spent about a year in the VA hospital in Knoxville Iowa where he developed a terrible bedsor and they didn't turn him or move him it was about an inch a 1/2 in... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 19, 2023

Consult with experienced medical malpractice attorneys in the state where this occurred. They can tell you if the case is within the time limits to sue and if there is a valid legal cause of action.

1 Answer | Asked in Medical Malpractice for Iowa on
Q: Is it medical malpractice when one loses function of legs after unnecessary penicillin shot given in the wrong area ?

Two weeks ago a friend went to a medical professional thinking he might have contacted syphilis and prior to the test results the doctor had her assistance give him a penicillin shot in the beltline area of his back and sinse has been losing functions in his legs on a daily basis ; rising-up,... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 14, 2023

The person should seek qualified specialists doctors to determine what’s wrong and what treatment is necessary.

1 Answer | Asked in DUI / DWI, Personal Injury, Car Accidents and Medical Malpractice for Iowa on
Q: In Iowa can statements made by an individual with serious head trauma and concussion be used in court?

Operator suffered from serious brain trauma in accident and was questioned right after. It was clear operator was confused which was a result of a concussion from the accident. Operator couldn’t recall events of accident for three days after the accident. Officer wrongfully believed operator was... View More

Erik Luthens
Erik Luthens
answered on Mar 27, 2022

You need to obtain a professional opinion (expert witness) from a neurologist who can identify how the collision would have affected the injured person’s ability to offer a trustworthy statement (from an evidentiary standpoint).

Erik Luthens

Attorney at Law

Parrish-Sams...
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1 Answer | Asked in Medical Malpractice and Products Liability for Iowa on
Q: Is it medical negligence if a doctor put me on a ssri medications that resulted in low blood pressure, permanent vision?

I had previous fainting spells with an ssri and it was discontinued, then a year later when I was pregnant I was put on another ssri which caused low blood pressure which resulted in my eye basically having a stroke from lack of blood oxygen. This caused drusen which destroyed a lot of optic nerve... View More

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2020

An Iowa attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. To answer your question, an attorney would need to evaluate your condition in greater detail, which would likely involve retrieval of your medical records and consulting with a medical... View More

1 Answer | Asked in Medical Malpractice for Iowa on
Q: I was diagnosed almost 2 years ago with Arachnoiditis and the surgeon said it was caused by a surgery 15 years ago.

15 years ago my dural sac was cut during surgery and I went to back every week after surgery with a baseball sized lump out my back. They let it leak for a month before doing an MRI. I was back in surgery next morning for repair. 2 years ago a different neurosurgeon discovered my Arachnoiditis on... View More

Erik Luthens
Erik Luthens
answered on Mar 3, 2020

Generally speaking the statute of limitations relative to a medical malpractice claim is two (2) years from the date of the negligent act or two (2) years from the date of when you were first made aware of a potentially negligent act associated with medical treatment ("discovery rule").... View More

1 Answer | Asked in Medical Malpractice for Iowa on
Q: Can I ask for an attorney if I go to the Emergency Room?

no

Erik Luthens
Erik Luthens
answered on Aug 12, 2019

You can ask for anything that you wish; however, receiving medical treatment in an emergency room does not entitle you to an attorney (as with the situation in which one is charged with a crime and is being held in police custody).

1 Answer | Asked in Health Care Law, Medical Malpractice and Public Benefits for Iowa on
Q: What kind of lawyer do I need if an inpatient mental health facility violated their policies?

I placed my teenage daughter in an inpatient mental health facility that had strict guidelines regarding who could contact her and how. She was not allowed to have contact with anyone that I, personally did not put on her list, which was password protected by a password I chose. She could not... View More

Erik Luthens
Erik Luthens
answered on Jun 26, 2019

Did you have a written agreement between the health care facility and you? If so, are the conditions / terms which you assert were violated specifically delineated in the agreement? How have you and / or your daughter been damaged by the health care facility’s breach of the agreement?

2 Answers | Asked in Medical Malpractice for Iowa on
Q: i have been injured by a doctor doing a procedure on me.leg are weak,off balance,limp and fear because of what he did .

was woke up briefly from being sedated ,with him giving me a forceful chop on the procedure site.need some advice on what to do.

Erik Luthens
Erik Luthens
answered on May 29, 2019

You should immediately schedule a consultation with the doctor in question to determine specifically as to what he / she did and whether you need any further medical treatment due to the "forceful chop."

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2 Answers | Asked in Medical Malpractice for Iowa on
Q: Can I see a Dr for telling me there's nothing wrong with .e and sending me on my way when there was something wrong?

I was referred to this specialist with Mri results and he insisted he read the results and found d nothing wrong yet referring Dr sent him proof of the damage. He did nothing for me and sent me home

Erik Luthens
Erik Luthens
answered on Nov 6, 2018

After you were sent home by the specialist, did you receive any further medical treatment from your primary care doctor and/or any doctor?

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1 Answer | Asked in Medical Malpractice for Iowa on
Q: My mother passed from a blood clot after a epidermal injection but was never told she had blood clots forming can we sue

She was having leg problems and shortness of breathe prior to surgery but the her primary doctor never followed up nor was my mother told she had potential blood clots forming can we sue the hospital for wrongful death

Erik Luthens
Erik Luthens
answered on Sep 27, 2018

In any medical malpractice claim, the primary issues are:

(1) Did a physician, nurse or other health care provider ("HCP") have a duty to provide some type of medical treatment to a patient?

(2) If the HCP did have such a duty, did the HCP breach the standard of care...
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2 Answers | Asked in Medical Malpractice for Iowa on
Q: Can I sue a hospital for misdiagnosing me and almost causing me to die?

Near Christmas time I enter the hospital with an excruciating migraine, by ambulance. I was misdiagnosed and admitted to the hospital with a small lung infection. The doctor refused to see me, even when I begged the staff to get her bcuz I knew something more severe was going on. She absolutely did... View More

Erik Luthens
Erik Luthens
answered on May 21, 2018

The primary issues in any medical malpractice action are:

(1) Did a health care provider (doctor, nurse, etc.) make a mistake (breach the standard of care owed to the patient)?

(2) Did that mistake result in an injury to the patient?

(3) What is the extent of the injury...
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1 Answer | Asked in Medical Malpractice for Iowa on
Q: My father had hip surgery made it threw that fine ... The nurses told 2 ppl he did great with hip surgery but he lost a

More blood they gave him blood transplant and he got a blockage and died next day when they did that it has greatly erected my life he was only 58 can I go after them I've been messed up haven't been able to work in highly depressed

Erik Luthens
Erik Luthens
answered on Feb 19, 2018

Not every adverse or bad result with regard to medical treatment necessarily constitutes malpractice. The real question is whether the primary treating physician or the physician's staff failed to do something he / she / they should have done or did something he / she / they should not have... View More

1 Answer | Asked in Medical Malpractice for Iowa on
Q: Hi, I'm wondering if I can sue the Orthopedic doctor who failed to diagnose and treat my ankle for bone marrow edema...

You see, I fell in January of this year and broke my fibula. The orthopedist I was sent to was very impersonal from the beginning. A cast was place and I had x rays several times until the cast was removed the end of February.. my ankle was very swollen so I was given a walking boot and sent to... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 12, 2017

Probably not. It appears your damages would be limited to pain, suffering and some additional discomfort. That's not enough to warrant spending the amount of money it would take to prove that medical malpractice occurred. This even assumes any did occur which I am not convinced did. In... View More

1 Answer | Asked in Medical Malpractice for Iowa on
Q: Medical malpractice

I had right hip prosthesis done 8/2015. Had intense groin pain & disability ongoing post-op. Sought 2nd opinion. Found to have misplaced cup portion of prosthesis with damaged psoasis tendon secondary to same. Had revision hip replacement and partial excision of psoasis tendon 12/2016 for same.... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 6, 2017

A lot depends on exactly what happened, when in the procedure, etc. Call a member of the Ia. Assn for Justice who handles medical carelessness cases in your county; if none an adjacent county. They give FREE consultations and if they take the case will take it on the basis that they get paid when... View More

1 Answer | Asked in Medical Malpractice for Iowa on
Q: Dr.s performed surgery on back area that was not hurting. still has pain in same area that she went in for

She complained of the pain but was ignored,

Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

follow up--right now I'm not hearing a legal question because no one is giving you a diagnosis.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Iowa on
Q: I went to pick up a prescription from doctors office for my meds when I got there I was having chest pains and arms hurt

I ask if a Dr. would see me and why and the receptionist said Drs were booked and I would have to go to urgent Care so I drove myself there about 10 minutes away and they took me from there by ambulance to the emergency room should I see lawyer?

Peter N. Munsing
Peter N. Munsing
answered on Jan 11, 2017

While they did not follow protocols, unless what they did resulted in a serious problem, I don't see that there is a case--fortunately you got to the hospital before anything bad happened. However if you have a concern that heart tissue may have died in that time, contact a member of the Iowa... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Iowa on
Q: Can I sue the hospital? In Iowa my husband of 6 years had an unexpected aortic aneurysm on the 28th of November 2016. I

Was made his POA while at the first hospital when he was still alert and aware. He was airlifted from Ne. To Trauma center in Iowa, rushed into immediate surgery, on COMPLETE life support with intubation,and no brain activity for 3 days.Upon my arrival back to the ICU on the 29th, I was met by 3... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 9, 2017

Assuming it can be proven it may constitute an intentional tort. Contact a member of the Iowa Assn for Justice who handles hospital responsibiltiy cases--they give free consults.

You'll want a copy of your husbands records. Without saying why, just ask for the records on a disc. If...
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1 Answer | Asked in Medical Malpractice for Iowa on
Q: I am suffering complications from a spinal surgery that didn't go as well as the surgeon assured me it would.

I have hired a lawyer to sue for medical malpractice but the surgery was very complex. If this goes to trial, is a medical expert going to be required?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Nov 5, 2016

Yes. The testimony of an expert witness will be necessary to establish a breach of the standard of care neurosurgery requires for a proper outcome. A bad outcome proves little or nothing about whether or not the surgical technique used was wrong. Without an expert opinion your case will likely... View More

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