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Iowa Medical Malpractice Questions & Answers
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... Read 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 owed to a...
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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... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on May 21, 2018

Quick Answer: Anyone can file suit. But can you win? Probably not. Maybe, but probably not.

Why not? There are so many things wrong with the facts of which you described, that I am not even sure where to begin, but let's limit the issues and see if I can shed some light on why-not....
Read more »

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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 done.... Read 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... Read 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 evaluating... Read 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. I... Read 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... Read 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 Assn... Read 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... Read 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 they say...
Read more »

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... Read more »

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