Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu
Noyes Law Office, P.C. Get back on the road to freedom!
  • Get Back On The Road To Freedom!
  • ~
  • Free No Obligation Consultation

FAQ – Medical Malpractice in Iowa

MedicalLawsuit

Medical malpractice cases can be notoriously complex, and should be handled by a skilled attorney with experience in the field. However, to help provide a basic understanding of this field of law, we have crafted a short FAQ on the subject. If you believed you have suffered at the hands of a medical provider, don’t hesitate to reach out to us today for professional help with your case.

Question: What must I prove in order to win my medical malpractice case?

Answer: While each medical malpractice case is different, injured individuals who sue in Iowa should be prepared to show that there was a doctor-patient relationship (or healthcare professional-patient relationship), that their doctor (or other healthcare professional) failed to meet the standard of care that is required of similarly situated professionals, that the patient suffered some sort of injury, and that this injury was caused by the substandard care provided.

Question: What are some examples of situations in which medical professionals are often sued for medical malpractice?

Answer: Substandard care can occur in a variety of different ways in medical malpractice cases, including:

  • Misdiagnosis, delayed diagnosis, or failure to diagnose,
  • Birth injuries,
  • Anesthesia errors,
  • Errors in prescribing medicine, and
  • Surgical errors (for example operating on the wrong body part or leaving surgical instruments in the body).

Question: Who can I sue in a medical malpractice case?

Answer: In Iowa, any negligent healthcare professional who is licensed to provide medical services can be sued in a medical malpractice case. These defendants can be individuals or legal entities (such as a corporation). For example, a medical malpractice plaintiff may have a case against both the doctor who operated on them and the hospital in which the surgery was performed.

Question: Is there a cap on medical malpractice payouts in Iowa?

Answer: Many states place caps on medical malpractice payouts, however Iowa does not. This makes our state an extremely plaintiff friendly jurisdiction for medical malpractice claims as there is no limit to the amount that successful plaintiffs are able to recover for the damage caused by their injury. Additionally, plaintiffs in Iowa are also eligible to receive both non-economic damages and punitive damages.

Question: How long do I have to file my medical malpractice claim?

Answer: In Iowa, there is a statute of limitations that governs how long medical malpractice plaintiffs have to file their claim. This statute is contained in section 614.1(9) of the Iowa Code of Law and states that, under most circumstances, medical malpractice claims in Iowa must be filed within two years of when the underlying injury occurred, or when the plaintiff knew or reasonably should have known of the injury, whichever date occurs first. However, the statute also states that no medical malpractice action may be brought more than six years after the date on which the alleged injury occurred (unless a foreign object intentionally left in the body was what caused the injury).

Get Your Medical Malpractice Claim Started

If you believe that you were injured due to a healthcare professional’s negligence be sure to consult with a local personal injury attorney as soon as possible. At the Noyes Law Office, P.C. our experienced attorneys are committed to helping our clients aggressively pursue the compensation that they are entitled to and need in order to move on with their lives. Individuals who think that they may have been injured due to medical malpractice are invited to contact our Fairfield office today at (641) 472-3236 to schedule a no obligation consultation.

Resources:

coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=83&input=614

law.cornell.edu/wex/standard_of_care

  • $1 Million
    Truck vs. auto case. Policy limits a 35 year old married mother of two killed.
  • $812 Thousand
    Rear-End Motor Vehicle Accident
  • $650 Thousand
    Settlement for spouse of deceased worker.
  • $575 Thousand
    Premises Liability Settlement
  • $500 Thousand
    Auto accident settlement with resulting post-concussive head complications (no wage loss).
  • $350 Thousand
    Injury from work with complications after surgery.
  • $300 Thousand
    Policy limits for 88 year old man rear ended.
  • $190 Thousand
    Read-End Accident with Tinitus Diagnosis.
  • $180 Thousand
    Slip and fall with a broken arm and torn rotator cuff.
  • $190 Thousand
    Bilateral carpal tunnel injury- $135,000 against the employer and $55,000 against the Second Injury Fund.
  • $185 Thousand
    Injured back.
  • $175 Thousand
    Broken leg of a 67 year old.
  • $160 Thousand
    Broken hip of 83 year old woman.
  • $155 Thousand
    Non-displaced fractured hip.
  • $100 Thousand
    Aggravation of degeneration disk disease.
  • Previous
  • Next

Get Back On The Road To Freedom!

Free No Obligation Consultation

Our Southeast Iowa personal injury, workers compensation and bankruptcy attorneys serve clients in Fairfield, Ottumwa, Mt. Pleasant, Iowa City, Knoxville, Oskaloosa, Fort Madison, Muscatine, Keosauqua, Birmingham, Centerville, Bloomfield, Keokuk, Sigourney, Richland, Burlington, Washington & Columbus Junction.

Skip footer and go back to main navigation