Medical Malpractice Claims in Iowa
The law governing medical malpractice in Iowa is in many ways advantageous for injured parties who are seeking their just compensation. However, without the assistance of an experienced medical malpractice attorney in Iowa, plaintiffs run the risk of potentially barring their claim before it even begins. Your experienced Iowa medical malpractice attorney can begin working with you as soon as your medical malpractice injury is discovered so that your rights can be preserved.
Iowa Medical Malpractice Statute of Limitations
The statute of limitations in Iowa governs how long plaintiffs have to file their suit before their claim will be barred. Typically, injured parties must pursue recovery of their damages within two years from the date of suffering the injury or from when the injury was discovered, if the delay in discovery was reasonable.
All claims, however, must be filed within a six year maximum – with one exception. If an instrument, medical tool or surgical aid like a sponge or towel is left inside a patient following surgery, the six-year maximum time limit may not apply. Your Iowa medical malpractice attorney can explain which time limit governs in your case.
Iowa Medical Malpractice Damage Caps
Iowa is a plaintiff-friendly state in terms of damage caps for medical malpractice awards, because there are no limits in regards to non-economic damages. Compensation for non-economic damages – including pain and suffering or punitive damages meant to punish the wrongdoing medical practitioner – can result in hefty damage awards for patients who were severely injured and whose lives have been tremendously impacted by the doctor’s or hospital’s negligence.
Medical Expert Testimony in Iowa Medical Malpractice Cases
In order to establish medical malpractice in all but the most egregious situations, Iowa law requires the testimony of medical experts to assert that the practitioner’s conduct fell below the required industry standard of care.
Unlike some states, Iowa law regarding medical expert testimony is strict, requiring that any medical expert testifying as to whether the standard of care was breached must be considered an expert not only in the relevant field of medicine, but also in the type of injury the patient suffered.
In some cases though, medical expert testimony might not be necessary, such as when the surgical error that caused a patient’s injury was so careless that it obviously constitutes medical malpractice. Leaving behind a surgical instrument in a patient’s body by mistake is one example.
Our firm’s experienced medical malpractice attorneys in Iowa are skilled at working with medical experts who can advise on whether the doctor failed to meet the accepted industry standard of care.
Consult an Experienced Medical Malpractice Attorney in Iowa
No matter what kind of medical malpractice injury you have suffered, it is important that you work with an experienced Iowa medical malpractice attorney at the Noyes Law Office, P.C. who can help you pursue the compensation you deserve and need in order to move forward in your life, including compensation for both economic damages – such as lost wages, medical bills, and loss of future wages, as well as non-economic damages.