Des Moines Medical Malpractice Attorneys
A devastating mistake by a doctor that you have always trusted can cause profound pain and a tremendous financial strain. At Spaulding & Shaull, PLC, our medical malpractice attorneys have made this area a critical priority. We tirelessly fight for the compensation victims of doctor and hospital mistakes deserve by taking a proactive, tenacious approach.
Our firm is up to date on all the nuances of new Iowa medical malpractice laws, which are being used to turn legitimate cases out of court at an alarming rate.
The New Iowa Certificate Of Merit For Medical Malpractice Cases
A medical malpractice injury in Iowa is essentially caused when a doctor or other medical provider fails to follow the standard of care in the profession. As a result, the patient is injured. In addition to suffering an actual injury, however, it takes more than that to be entitled to justice. Iowa now has a certificate of merit with a whole series of technical requirements.
It is paramount to find a healthcare negligence attorney who knows these new laws, because even very skillful lawyers are having good cases thrown out on simple technicalities alone.
Under this new law, a medical expert witness must sign a notarized document under penalty of perjury; the certificate must be fully notarized. The expert witness must have actively practiced or taught in the same or a substantially similar field during the five years immediately preceding the alleged incident, rather than possessing over five years of total practice.
Why Choose Spaulding & Shaull, PLC?
Technical compliance matters more than ever. If a lawyer makes a minor mistake – like failing to have the doctor’s signature notarized – your medical malpractice lawsuit can be dismissed with prejudice, which permanently bars the claim from being refiled. Because of how the Iowa Supreme Court strictly interprets the law, this type of dismissal often means your medical malpractice case is completely over and you cannot refile.
You need a dedicated medical negligence lawyer who won’t make these technical errors and will aggressively pursue your medical negligence damages. We handle a wide variety of serious negligence cases, including:
- Surgical errors
- Misdiagnosis
- Medication errors
- Birth injuries
Whether you have suffered a catastrophic injury or a permanent injury resulting in a loss of earning capacity, our Drake Law School graduate attorneys are ready to face the complex medical evidence.
Medical Malpractice Frequently Asked Questions
We understand the pressure you’re under when you have medical bills piling up and you’re facing a tough legal system. That is why we answer the questions our clients most frequently ask regarding medical malpractice claims.
What happens if my medical malpractice case is dismissed?
If a case is dismissed for failing to meet Iowa’s technical certificate of merit requirements, it is dismissed with prejudice, meaning your case is permanently over and cannot be refiled. This is exactly why hiring an attorney who intimately understands the new technical requirements is necessary.
How do I know if I have a valid medical malpractice claim?
We understand that a negative medical result doesn’t necessarily mean malpractice. To win your case, we have to use medical evidence and expert testimony to demonstrate that your provider was negligent in caring for you and that their negligence was responsible for your damages.
What if another attorney has already turned down my case?
Do not lose hope. The strict new laws have caused many lawyers to be frightened or refuse cases outright. Bring us your cases that other attorneys have passed on, and we’ll tell you if we can win for you.
Schedule Your Free Consultation
You do not need to face the struggle of being hurt and trying to overcome an unfair and unbalanced legal system on your own. Our firm provides free consultations for new cases and operates on a contingency fee basis. Call us at 515-620-3355 or use the online form to schedule your consultation and begin the road to recovery.