Iowa Medical Malpractice Lawyer

Iowa Medical Malpractice Lawyer

When people become ill, they put their trust in the hands of medical professionals, including doctors and nurses. Unfortunately, some professionals betray that trust. They fail to provide the type of competent care we all have come to expect from the medical profession. Instead, these professionals make errors with diagnosis, medication, or surgery, harming their patients.

At Ball, Kirk & Holm, P.C., our Iowa medical malpractice lawyers stand up for the rights of injured patients. State law gives many victims the power to sue for compensation when doctors and other medical professionals fall below the standard of care. Contact us today. We are available 24/7, and our team can travel to any point in the state from our offices in Waterloo and Iowa City, where circumstances allow.

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

Word from Our Clients

Types of Birth Injuries

Having a baby should be a celebratory experience. Unfortunately, medical errors during pregnancy, labor, or delivery can result in serious injuries to mother or child. Some common birth injuries include:

• Fractures. A baby can suffer broken bones due to the aggressive use of forceps or vacuum extractors. Other fractures stem from breech birth, which is not properly diagnosed or treated.
• Facial paralysis. Excessive force or misuse of forceps can damage a baby’s nerves, leading to facial paralysis. Often, the paralysis is temporary, but major injuries can last for years.
• Brachial plexus injuries. The brachial plexus nerves branch off near the neck and extend through the shoulder and arm. Any tugging or excessive pressure can damage these nerves, leading to arm weakness or pain.
• Erb’s Palsy. This medical condition affects the upper brachial plexus nerves and can result in paralysis of an arm and shoulder.
• Cerebral Palsy. Children with cerebral palsy often experience motor development delays. A major cause is insufficient oxygen during birth.
• Birth asphyxia. A baby might receive insufficient oxygen during delivery, leading to a host of problems, including permanent brain injury and learning deficits.
• Caput Succedaneum. Misuse of a vacuum extractor during delivery can damage the soft tissue on a baby’s scalp.
• Cephalohematoma. This condition involves bleeding between a baby’s skull and certain membranes. If left untreated, a baby can develop jaundice, anemia, or other critical problems.
• Stroke. Pregnant women are more prone to having a stroke, especially in the third trimester. A doctor might dismiss a woman’s complaints or fail to provide necessary prevention.

Other Medical Malpractice Cases

Anyone receiving care from a medical professional can suffer injuries due to medical malpractice. Some of the most common include:

• Diagnostic Errors. Errors with diagnosis include delayed diagnosis and misdiagnosis. Often, doctors fail to request necessary tests or overlook lab results, and patients fail to receive correct, timely care.
• Cancer Misdiagnosis. Proper diagnosis is critical for cancer, which often responds to treatment if caught early. But diagnostic errors can delay treatment and lead to more advanced cancer which is harder to treat.
• Surgical Mistakes. Errors in the operating room include leaving implements in the patient, anesthesia errors, and even performing surgery on the wrong body part. Some surgeons fail to stop all bleeding, which can lead to excessive hemorrhaging and heart attack.
• Medication Errors. These errors include prescribing the wrong medication for a patient or an improper dosage. Some medication also interacts negatively with other prescriptions, which a pharmacist might overlook. Patients are also hurt when nurses dispense the wrong medication.
• Hospital Malpractice. Hospitals owe patients a duty to provide quality care but often fall short by failing to train or hire sufficient staff. Hospital malpractice includes a failure to mitigate infections which circulate inside the facility.
• Nursing Home Abuse or Neglect. Nursing homes provide 24/7 care to patients. Unfortunately, neglect can lead to dehydration or malnutrition, as well as residents wandering away or injuring themselves. Some residents are physically or emotionally abused, by either staff or other residents.

How Malpractice Injures Patients

Patients need proper care to get well. Unfortunately, medical errors either delay treatment or actively harm patients. For example, diagnostic errors prevent patients from receiving necessary care, which can lead to advanced cancer, stroke, or heart attack.

Other malpractice spreads health care-associated infections, which can prove deadly. Certain bacteria are resistant to the most common antibiotics, and patients could be hospitalized after picking up an infection during surgery.

Medication errors might trigger allergies or have a negative side effect when mixed with other medication. Patients can become dramatically sicker.

After a medical mistake, many patients require additional medical care. For example, you might need additional surgery to remove implements or actually correct a problem. This additional care is expensive and often painful.

Common Causes of Medical Malpractice Accidents

Medical professionals receive extensive training so that they provide quality care. There is no excuse for malpractice. Still, many patients wonder, “Why did this happen?”

In our experience, medical malpractice is caused by:

• Overwork/burnout
• Hospital understaffing
• Chemical abuse or drug dependence
• Communication errors
• Poor recording keeping
• Overuse of antibiotics
• Inexperience
• Negligent hiring or supervision
• Inadequate training or education

Many patients don’t know what went wrong. Their phone calls lead nowhere, or they never get a straight answer from their medical team. Contact our Iowa medical malpractice lawyers for help with an investigation.

Can You Sue?

Medical malpractice cases are a powerful way of forcing change. Our clients can also receive financial compensation for their pain, suffering, and financial losses.

You can sue if you prove the following elements:

1.       The defendant owed you a duty of care. This element is established if the defendant agreed to treat you.

2.       The defendant failed to follow the correct standard of care. We want to know what a competent medical professional would have done in a similar situation. For example, a careful OBGYN might have ordered an immediate C-section if your baby was in distress, but your doctor delayed for hours.

3.       You suffered measurable harm due to the defendant’s breach of their duty. To make a successful claim, we need to connect the defendant’s mistake to your injury. If we can’t, you didn’t suffer compensable damages.

Medical Malpractice Settlements

Our lawyers believe in the power of the legal process to right wrongs. With a medical malpractice lawsuit, we can seek compensation for various losses suffered because of poor medical care:

• Medical bills for additional treatment
• Physical or occupational therapy
• Ongoing medical treatment
• Long-term care expenses
• Prescription medication to manage pain and treat illnesses
• Mental health counseling in response to the malpractice
• Lost income
• Loss of earning capacity for disabilities
• Pain and suffering
• Disfigurement
• Emotional distress

If a loved one tragically died, then we might bring an Iowa wrongful death lawsuit against the medical provider. This type of lawsuit compensates family members for the death, and we might seek damages for lost services, loss of financial support, and the deceased’s pain and suffering.

Medical Malpractice in the Spotlight

At Ball, Kirk & Holm, P.C., our team has secured many settlements or verdicts for our clients:

• $4 million settlement for a birth injury
• $2.75 million confidential settlement for a medical malpractice victim.
• $1.5 million settlement for the victim of a surgical mistake.
• $1.5 million court verdict for a medical malpractice client.
• $1.4 million jury trial victory for a birth injury.
• $750,000 award for the negligent medicating of a child

This is a small sampling of the money we have won for our clients. Call to find out more!

How Insurers Defend These Cases

The person on the other side of your malpractice case isn’t the doctor or nurse who injured you but their malpractice insurer. Medical professionals need malpractice insurance, which is good news for patients, who know there is some pool of money available to pay a claim.

In our experience, these insurance companies are aggressive. They rarely admit that their insured made a mistake. You can expect many cases to involve medical experts who will testify about two contested issues—whether the doctor’s actions satisfied the correct standard of care, and whether any medical mistake caused you harm. Trying to go up against an insurance company in this type of case is a big mistake.

FAQs about Iowa Medical Malpractice

My dad died in surgery; do I have a malpractice case?

It depends on the facts. A negative health outcome is not, by itself, proof that you or a loved one received inadequate medical care. Some medical conditions simply do not improve. And some people die due to stroke or cancer, even though they are receiving top-notch care.

What information should I share with a lawyer?

We want to understand in detail all medical care you have received. It’s best to call our firm to find out more. You can gather all information about which doctors, clinics, and hospitals you attended.

Call to Speak with an Iowa Medical Malpractice Lawyer

At Ball, Kirk & Holm, P.C., our team can investigate your claim to determine whether medical professionals discharged their duty to provide quality care. These are tricky legal claims, and hospitals and doctor’s offices rarely hand over requested documents with a fight. Call us today to schedule a free consultation with one of our lawyers.

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

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