Get Answers To Your Questions About Medical Malpractice
Last updated on July 29, 2022
At Slater Law, LLC, we serve clients throughout Iowa who have endured the hardship and suffering of medical negligence. Our team primarily focuses on claims of medical malpractice, which gives us a unique depth and breadth of knowledge about these areas. To help you understand whether you have a claim for medical malpractice, we have prepared a few questions that we frequently hear from our clients.
If a doctor or hospital fails to timely diagnose a serious medical condition, can I make a claim for medical malpractice?
Failure to timely diagnose a serious medical condition may be malpractice. At Slater Law, LLC, we diligently review all relevant medical records and other information to determine whether a medical condition like cancer, a brain tumor, abdominal bleeding, or preterm labor should have been earlier diagnosed.
- A health care provider breached the standard of care;
- The health care provider’s breach caused serious injury; and
- The injury caused significant damage, such as death, permanent disability, loss of income, and/or significantly damaging medical bills.
If the criteria listed above are met, we may be able to assist you in your claim for medical malpractice.
What are some examples of medical malpractice?
Some of the most common examples of medical malpractice include:
- Delay in diagnosis or failure to diagnose serious medical conditions such as cancer, kidney disease, brain tumors, brain bleeding, traumatic brain injuries, meningitis, birth injuries, preterm labor
- Misdiagnosis of serious medical conditions
- Prescription errors
- Emergency room errors
- Surgical errors
- Anesthesia errors
- Birth injuries
- Brain injuries
These are only a few of many examples of medical negligence that health care practitioners have inflicted on their victims. Our attorneys at Slater Law, LLC, will be able to evaluate the specific facts of your claim and determine whether you have a claim for medical malpractice.
Is there a statute of limitations?
There are time-sensitive deadlines to filing a claim for medical malpractice imposed by Iowa law.
While generally, an injured patient has 2 years to file a malpractice lawsuit and longer if the patient is a minor child under the age of 8, Iowa law has become increasingly complex over the years making a determination about the correct time limit difficult to determine without an in-depth review of the case. At Slater Law, LLC, our team diligently reviews all information, as well as the applicable law, to determine the correct time limit that an injured patient has to file a lawsuit.
The best way to know if your medical malpractice case is within the statute of limitations and can still be filed is to contact our attorneys at Slater Law, LLC.
What damages can I recover?
If malpractice occurs, what damages am I or my family entitled to?
You may be entitled to compensation because of the malpractice in the form of past and future medical and rehabilitation expenses, past and future pain and loss of enjoyment of life, and past and future loss of income. If the malpractice causes you or a loved one to die, then certain members of your family may be entitled to damages for loss of consortium.
Some of the damages that you have the right to seek in a lawsuit include:
- Hospital bills
- Bills for rehabilitative treatment
- Prescription medication expenses
- Lost wages
- Pain and suffering
- Punitive damages
Punitive damages refer to financial compensation meant to punish the offender and deter them from committing the same act again.
What if I already signed a consent form?
Informed consent refers to your right to have your doctor inform you of the benefits and risks associated with your medical treatment as well as potential alternatives. Even if you signed a consent form, you may still have the right to seek compensation. Informed consent does not exempt the medical practitioner from accountability if they behave negligently while treating you.
Can I file a claim for my relative or spouse?
If someone you love died because of medical negligence, you are probably considering filing a wrongful death lawsuit. In Iowa, only the personal representative for the deceased person’s estate can file a lawsuit on their behalf. If the decedent did not have a personal representative, the court will name one. Only the spouse, children, or parents of the person who died have the right to recover compensation from the lawsuit.
What if I can’t afford an attorney?
Don’t worry. We do not charge you any fees upfront. We work on a contingency fee basis, which means that we do not charge our clients anything unless we recover compensation for them. If we don’t recover anything, you do not have to pay us.
What should I do before meeting my lawyer?
Try to gather as many documents about your injury and treatment as you can. These could include your medical records, bills for your medical expenses, pay stumps to show the income that you have lost, and any other papers that you think might be relevant.
Have More Questions? Get More Answers.
Medical negligence is an exceedingly complicated area. You probably have many more questions to ask our lawyers. We offer free initial consultations, so you have nothing to lose and everything to gain by sitting down with us in person or over the phone. To request your consultation, please call our toll-free number at 866-412-5937 or send us an email.