Iowa Medical Malpractice Questions & Answers

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?

2 Answers | Asked in Medical Malpractice for Iowa on
Answered on Nov 6, 2018
Erik Luthens' answer
After you were sent home by the specialist, did you receive any further medical treatment from your primary care doctor and/or any doctor?

Q: My mother passed from a blood clot after a epidermal injection but was never told she had blood clots forming can we sue

1 Answer | Asked in Medical Malpractice for Iowa on
Answered on Sep 27, 2018
Erik Luthens' answer
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 patient? In other words, did the HCP make an avoidable mistake (also known as "negligence")?

(3) If the HCP did have a duty and there was a breach in the standard of care, did the HCP's...

Q: Can I sue a hospital for misdiagnosing me and almost causing me to die?

2 Answers | Asked in Medical Malpractice for Iowa on
Answered on May 21, 2018
Stephen Douglas Lombardi's answer
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.

Long Answer: First of all you didn't die. You lived. You are alive. And therefore you have no wrongful death suit for almost dying. In the eyes of the law, sort of dying is sort of like being almost...

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

1 Answer | Asked in Medical Malpractice for Iowa on
Answered on Feb 19, 2018
Erik Luthens' answer
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. The next question is whether any failure to do something correctly resulted in your father's death. A review of your father's medical records by a medical expert witness would have to be done before...

Q: Hi, I'm wondering if I can sue the Orthopedic doctor who failed to diagnose and treat my ankle for bone marrow edema...

1 Answer | Asked in Medical Malpractice for Iowa on
Answered on Oct 12, 2017
Stephen Douglas Lombardi's answer
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 medical malpractice, the first step is always whether the case would be economically feasible if there is malpractice and your case does not meet this threshold requirement.

Q: Medical malpractice

1 Answer | Asked in Medical Malpractice for Iowa on
Answered on Feb 6, 2017
Peter N. Munsing's answer
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 they get money for you,and if they can't you don't owe them.

Get a copy of the records from the hospital where the procedure was done. Ask for them on disc.If they say "would you like us to...

Q: Dr.s performed surgery on back area that was not hurting. still has pain in same area that she went in for

1 Answer | Asked in Medical Malpractice for Iowa on
Answered on Jan 27, 2017
Peter N. Munsing's answer
follow up--right now I'm not hearing a legal question because no one is giving you a diagnosis.

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

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Iowa on
Answered on Jan 11, 2017
Peter N. Munsing's answer
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 for Justice--they give free consultations.

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

1 Answer | Asked in Health Care Law and Medical Malpractice for Iowa on
Answered on Jan 9, 2017
Peter N. Munsing's answer
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 do you want paper say no, you understand if they keep records electronically (which all hospitals pretty much have to since the ACA came into being), they have to give you a copy. Again, don't get...

Q: I am suffering complications from a spinal surgery that didn't go as well as the surgeon assured me it would.

1 Answer | Asked in Medical Malpractice for Iowa on
Answered on Nov 5, 2016
Stephen Douglas Lombardi's answer
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 never get to a jury.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.