Des Moines Medical Malpractice Lawyer

Des Moines Medical Malpractice Lawyer

We all place our trust in medical professionals to provide care when we are most vulnerable. So when a doctor or hospital makes a mistake, it can be devastating to us and our families. Indeed, in serious cases medical malpractice can lead to death or permanent injury. And even in less severe cases a victim may be faced with years of painful and expensive rehabilitation to undo the damage.

At Ball, Kirk & Holm, P.C., our Des Moines medical malpractice lawyers can assist you in obtaining financial compensation for your injuries. We understand that hospitals and their insurance companies will try to avoid responsibility for their reckless and negligent actions. That is why we will fight for you and your family as you struggle to rebuild your lives following a malpractice event.

Give us a call at (319) 220-0416 or submit an online contact form to request a free, no-obligation consultation.

A Word from Our Clients

Has Your Newborn Suffered a Birth Injury?

Birth-related injuries are among the most common types of medical malpractice claims we see here in Iowa. For example, babies can be born with serious brain damage due to medical mistakes during the delivery process. If a doctor uses forceps or other tools, they can crush the baby’s head or cause it to become stuck in the birth canal.

Some other common birth injuries that can arise from medical malpractice include:

• bone fractures
• cerebral palsy
• Erb’s palsy
• intrauterine fetal demise
• oxygen deprivation
• should dystocia
• spinal cord damage
• stillbirth
• untreated jaundice

Under Iowa medical malpractice laws, a negligent healthcare provider can be held responsible for all of a mother and child’s medical expenses arising from a birth injury. This is especially critical in birth injury cases where the child may require a lifetime of specialized care.

We Handle a Full Range of Iowa Medical Malpractice Claims

In any Iowa medical malpractice case, the victim needs to show that (1) they had a relationship with the healthcare provider, (2) the provider deviated from the normal and expected standard of care for their profession, (3) the provider was negligent in making this deviation, (4) the victim was injured as a result of that negligence.

Here are just a few examples of how provider negligence leads to actionable medical malpractice:

• Misdiagnosis: Your provider fails to correctly diagnose your specific ailment.
• Delayed Diagnosis: You later receive a correct diagnosis but the delay causes your condition to worsen.
• Lack of Informed Consent: Your provider failed to properly explain a procedure to you before performing it, including any potential risks and alternatives.
• Surgical Errors: Your surgeon makes a mistake while performing a procedure on you.
• Medical Errors: You are prescribed the wrong medication or the correct medication with an incorrect dosage.
• Lab Errors: A lab technician misreads or ignores the results of your tests.
• Unnecessary Surgery: Your surgeon performs a procedure that is not medically necessary or based on an incorrect diagnosis.
• Lack of Follow-Up: Your provider fails to provide critical aftercare or follow-up after you are discharged from the hospital.

How Do You Obtain Compensation for Medical Malpractice in Iowa?

Although medical malpractice is a type of personal injury (tort), it is subject to special rules that do not apply to, say, car accident lawsuits. There are three key special rules you need to be aware of:

• Statute of Limitations: Iowa law gives a medical malpractice victim just 2 years to file a lawsuit. This 2-year clock normally starts to run on the date of the injury. But if you could not have reasonably discovered your provider’s malpractice within that 2-year window, you may still be able to file a lawsuit up to 6 years after the event.
• Certificate of Merit: After you sue a provider for medical malpractice, you have 60 days after the provider’s response to serve them an affidavit signed by a qualified expert witness who can certify the provider breached the applicable standard of care in your case.
• Damage Caps: In 2023, Iowa revised its medical malpractice laws to cap non-economic damages at $1 million when the defendant is an individual provider or clinic, or $2 million when the defendant is a hospital.

In any personal injury case, the victim can seek both economic and non-economic damages. Economic damages are meant to compensate a medical malpractice victim for their out-of-pocket losses, such as their additional medical bills and lost income if they are unable to return to work. Non-economic damages, in contrast, are meant to cover losses like pain and suffering and emotional trauma, which are more difficult to quantify. Iowa’s caps only apply to non-economic damages. There is no limit to how much a court may award in economic damages.

And even with Iowa’s caps, it is still possible for victims of medical malpractice to receive substantial settlements and judgments. Our own track record at Ball, Kirk & Holm, P.C., is a testament to that. Some of our past results include:

• a $4 million confidential settlement in a birth injury case;
• a $1.5 million medical malpractice trial verdict;
• a $1.4 million birth injury trial verdict; and
• a $550,000 award in a post-surgical complication case.

FAQs About Iowa Medical Malpractice

Who is qualified to act as an expert witness in a medical malpractice lawsuit?

Iowa law requires the expert to be licensed and actively practicing in the same or substantially similar field as the defendant provider for at least the past 5 years.

Can I get extra time to file a medical malpractice lawsuit if my child was the victim?

If your child was under the age of 8 when the malpractice occurred, the statute of limitations may be extended until the child’s 10th birthday if it otherwise would have expired.

Can my healthcare provider try to blame me for my injury?

It is a possibility. Iowa follows a modified comparative negligence rule in all personal injury cases, including medical malpractice. If the defense can prove you were partly at-fault, that could reduce or bar your compensation.

Contact Ball, Kirk & Holm, P.C. Today

Time is not on your side when it comes to filing a medical malpractice claim in Iowa. So it is critical that you speak with an experienced Des Moines medical malpractice lawyer as soon as possible. Call Ball, Kirk & Holm, P.C., today at 319-220-0416 or contact us online to schedule a free consultation. We are available to our clients 24/7 to answer any questions or concerns they might have.

Contact us today for a free consultation by filling out our contact form or calling (319) 220-0416.