What is Medical Malpractice?
Medical malpractice is a breach of a healthcare provider’s duty of care that results in an injury to a patient in injury or death. Many victims of medical malpractice are left with permanent impairments or may even die due to malpractice-related complications. When hospitals, doctors, or other trained medical professionals fail to fulfill their obligations to patients, the patient should never be left to cope with the consequences of their injuries alone.
We have been fighting for injury victims in the community for years, and if you have left the hospital worse off than you were before, we want to hear from you.
If you or a loved one has been injured or made ill by the negligent actions of a doctor, nurse, anesthesiologist, or other medical professional, contact our firm at (515) 705-0233 for a consultation on your rights.
Types of Medical Malpractice Cases
If you have suffered an injury due to medical malpractice, a Des Moines medical malpractice lawyer at LaMarca Law Group, P.C. can help. Victims of medical negligence or error may be entitled to just compensation from the party at fault. An attorney at our law firm can investigate the circumstances of your case and determine if you have a legal claim to compensation.
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It is important to note that a poor outcome does not necessarily mean that your healthcare professional committed malpractice. Your lawyer will be able to investigate your case and consult with experts to determine whether you have a valid malpractice case. If you even suspect that your healthcare professional may not have performed to the standard of care, do not hesitate to contact a lawyer.
What Is the Statute of Limitations on Medical Malpractice in Iowa?
In Iowa, the statue of limitations for medical malpractice claims is two years from the date of injury or death. It is crucial for you to contact an attorney right away if you believe you were a victim of medical malpractice.
Do I Need a Medical Malpractice Lawyer?
Because physicians are highly educated professionals with specialized skill sets, many patients trust their medical providers implicitly. While many doctors meet their patients’ expectations, far too many Iowans are injured each year by medical negligence, improper treatment, and subpar care.
If you’ve been the victim of malpractice, recovering compensation for your injuries can be a long, difficult process. Most medical institutions have tenacious lawyers and comprehensive insurance plans to protect them against malpractice claims. Even if you are offered a settlement for your injuries, it is common for this settlement to be far too small to cover the expenses you have incurred.
A malpractice lawyer will fight to make sure that the settlement you are offered accounts for all your losses, including future expenses and non-economic damages. Proving the validity of your malpractice claim and determining the value of your case involves diligent research and a comprehensive understanding of malpractice law. Though hiring a lawyer can seem like a stressful task for many people, it is even more difficult to manage your claim independently. Hiring an attorney to manage your case will also give you more time to focus on your recovery.
In addition to recovering compensation for your injuries, holding a negligent doctor, nurse, or hospital accountable for their actions can have a positive impact on the greater community. When medical providers are allowed to skate by without being held accountable for their mistakes, their concept of suitable care may diminish. In hiring a lawyer to take action against the at-fault doctor or hospital, you are communicating that there are consequences for poor medical treatment.
Our Medical Malpractice Attorneys
If you or a loved one believes you have suffered an injury because of medical malpractice, you can trust an attorney at our firm to fight for your rights and provide exceptional legal counsel. Our Des Moines medical malpractice attorneys have a history of successfully resolving medical malpractice cases, some of which have been extensively covered by the media.
Attorneys Gary Mattson and James Biscoglia have both been admitted to the American Board of Professional Liability Attorneys (ABPLA). APBLA was formed in 1972 to bring together lawyers throughout the United States who both prosecute and defend negligence claims against professionals, such as doctors, lawyers, and accountants.
Contact a Des Moines Medical Malpractice Attorney
LaMarca Law Group, P.C. aggressively represents victims of medical malpractice in and around the Des Moines area. We care about the community and we are ready to do everything in our power to help you recover compensation for your losses. The impact of medical negligence can completely change the course of your life. When we take your case, we are unrelenting in fighting to help you obtain the resources you need to cope with your injuries.
Though a favorable settlement or verdict will not undo the pain and loss that your injuries have already caused you, fair compensation can help pave the way forward for you in the midst of an exceedingly difficult time.
How do I know if I’ve been a victim of medical malpractice?
Medical malpractice occurs whenever a healthcare professional acts in way that does not meet the standards expected of someone in their position, and their patient is harmed as result. In order to prove that medical malpractice has occurred, you must be able to prove 3 things. First, there must be a doctor-patient relationship between you and the person you suspect of malpractice. Next, you must be able to prove that this individual acted in a reckless or negligent manner, regarding your health care. Lastly, you must prove that these actions caused your injury or other harm. It is important to note that a negative outcome in a medical procedure does not necessarily mean malpractice has occurred, since even the most trained, qualified, and careful doctors can experience unexpected complications. If you are unsure whether or not you have been affected by medical malpractice, contact an attorney as soon as possible.
Can a lack of informed consent be considered medical malpractice?
“Informed consent” refers to a doctor’s requirement to provide their patient with a description of the planned procedure or treatment, the purpose, the possible risks, and the likelihood of success. The patient must then be given time to ask questions and make a voluntary decision to move forward with the procedure or not. Informed consent is not necessary in emergency scenarios or for routine procedures, like checking a patient’s heart rate. You may have a malpractice case on your hands, however, if your doctor did not meet “informed consent” requirements and you were injured as a result.
In order to make a case for malpractice, you must be able to prove that there is a connection between your lack of informed consent and your resulting injuries or illness.
What are the recoverable damages in a medical malpractice case?
Recoverable damages will vary from case to case. If you have been injured due to medical malpractice, you may be able to recover damages for medical expenses, including the procedure in which the malpractice occurred, any further procedures or treatments needed, and any future physical therapy or doctor checkups. You may also be in a position to receive compensation for lost wages, if your injuries forced you to take time off of work. Emotional pain and suffering may also be calculated into your compensation. In the event that the medical professional in question acted in a particularly reckless manner, you may also be able to recover punitive damages.
We have dedicated our lives to protecting the rights and futures of injured Iowans. We work to ensure that your case is handled while you focus on your recovery.