What Is – And Is Not – Medical Malpractice In Cedar Rapids
“Medical malpractice” is a term used to describe a situation where some healthcare provider – for example, a doctor or a nurse – makes a medical error that results in permanent injury or death to a patient.
Malpractice can happen during any stage of medical treatment and isn’t just limited to medical doctors and staff. Dentists and chiropractors can also commit medical malpractice.
Medical malpractice can also come in many shapes and sizes – a missed diagnosis, an improper technique, a “botched” procedure, or a delay in treatment can all be considered types of malpractice.
There are also a variety of things that are NOT viable medical malpractice cases. Bad bedside manner, medical problems that “might” happen in the future, and unsuccessful medical procedures that did not result in permanent injury or disability are not medical malpractice cases our office will take on.
Unfortunately, we cannot help every medical malpractice victim that contacts us. We devote our practices to the Iowa malpractice victims who need help the most.
If you have been seriously injured or your loved one has died because of a medical error in Cedar Rapids, you need an experienced medical malpractice attorney. RSH Legal medical malpractice lawyers offer free, no-obligation case evaluations. Schedule yours by calling us at 1-800-433-0283.
Why Cedar Rapids Medical Malpractice Cases Are So Rare (It Is Because They Are Expensive To Pursue!)
Medical malpractice cases are expensive to take to trial. This is because to prove that a Cedar Rapids doctor committed malpractice, an injured patient must show that what the doctor did was different than what an average doctor with the same training and experience would have done. It’s called practicing below the “standard of care.”
Only another doctor who works in the same area of medicine and has the same amount of experience can say if an error qualifies as malpractice according to Iowa law. To find out if malpractice occurred, a Cedar Rapids medical malpractice lawyer must gather the pertinent medical records, then have those records evaluated by an expert doctor or medical professional that has the same experience as the one who hurt you.
As you might imagine, ordering these records and paying an expert to review them can be very expensive. It’s likely your medical records are extensive and analyzing them can take hours and cost thousands of dollars. Sometimes malpractice cases can even require multiple experts, which can drive the cost up even more.
To investigate a medical malpractice case and prepare it for trial, it can easily cost between $75,000-$100,000, or even more. These costs do not include attorney fees. Therefore, a successful Cedar Rapids medical malpractice claim must have a likely value large enough to pay investigation fees, attorney fees, and leave enough for the injured patient to receive a significant amount.
To know whether it makes economic sense for you to file a lawsuit, you should contact an experienced Cedar Rapids medical malpractice lawyer. Only an attorney with the skill and knowledge to handle medical malpractice claims can make the determination if it makes financial sense to file your case.
If you want a free case evaluation, we’re here to help. Contact the skilled medical malpractice lawyers at RSH Legal by calling 1-800-433-0283.
Common Questions About Medical Malpractice Claims in Cedar Rapids
Which Cedar Rapids Hospitals and Medical Facilities Have the Highest Malpractice Rates?
While specific malpractice rate data for individual Cedar Rapids hospitals is not publicly disclosed in a standardized format, major medical facilities in the area include UnityPoint Health – St. Luke’s Hospital, Mercy Medical Center, and various specialty clinics throughout the city. Medical malpractice can occur at any healthcare facility, from large hospitals to small private practices, urgent care centers, nursing homes, and outpatient surgery centers. Rather than focusing on facility-specific rates, it’s more important to understand that malpractice occurs when any healthcare provider fails to meet the accepted standard of care, regardless of where treatment is provided. If you believe you received negligent care at any Cedar Rapids medical facility, an experienced attorney can investigate the specific circumstances of your case, review your medical records, consult with experts, and determine whether malpractice occurred and who should be held accountable for your injuries.
What Types of Medical Errors Are Most Common in Cedar Rapids?
Common medical errors in Cedar Rapids mirror national trends and include misdiagnosis or delayed diagnosis of serious conditions like cancer, heart attacks, strokes, and infections that allow diseases to progress untreated. Surgical errors such as operating on the wrong body part, leaving surgical instruments or sponges inside patients, damaging nerves or organs, and performing unnecessary procedures occur at Cedar Rapids hospitals and surgical centers. Medication errors including prescribing the wrong drug, incorrect dosages, failing to account for drug interactions, and pharmacy dispensing mistakes can cause serious harm or death. Birth injuries resulting from failure to monitor fetal distress, improper use of delivery instruments, delayed C-sections, and mismanagement of pregnancy complications affect families at Cedar Rapids maternity wards. Anesthesia errors, emergency room mistakes due to overcrowding or understaffing, nursing home neglect, failure to obtain informed consent, and inadequate follow-up care also constitute common forms of malpractice that Cedar Rapids residents experience.
How Much Does It Cost to Hire a Medical Malpractice Attorney in Cedar Rapids?
Most medical malpractice attorneys in Cedar Rapids work on a contingency fee basis, meaning you pay no upfront costs or attorney fees unless your case is won through settlement or trial verdict. Typically, the attorney receives a percentage of your recovery, usually between 33% and 40%, depending on the complexity of the case and whether it settles before trial or proceeds to verdict. This arrangement makes legal representation accessible to victims who might not otherwise afford an attorney, as medical malpractice cases require substantial resources, including expert witness fees, medical record retrieval costs, court filing fees, and extensive investigation expenses that the law firm advances on your behalf. During your free initial consultation with a Cedar Rapids medical malpractice attorney, they will explain their specific fee structure, what percentage they charge, how costs are handled, and what you can expect to receive after deducting fees and expenses from any settlement or award.
Can I Sue a Cedar Rapids Doctor Even If I Signed a Consent Form?
Yes, signing a consent form does not prevent you from filing a medical malpractice lawsuit against a Cedar Rapids doctor if they provided negligent care that fell below accepted medical standards. Informed consent forms are designed to ensure patients understand the risks, benefits, and alternatives to proposed treatments, but they do not give doctors permission to be careless or make preventable errors. The consent form protects healthcare providers from liability for known risks that are explained to patients, but it does not excuse negligence, recklessness, or deviations from proper medical procedures. If your doctor failed to perform a procedure competently, made errors that a reasonably skilled physician would not have made, or if the consent form itself was inadequate because it failed to properly explain risks or the doctor misrepresented information, you may still have grounds for a malpractice claim. An experienced Cedar Rapids medical malpractice attorney can review your consent forms, medical records, and the circumstances of your treatment to determine whether the doctor’s actions constituted negligence, regardless of what you signed.
You Only Have A Limited Amount Of Time To File A Cedar Rapids Medical Malpractice Case
In Cedar Rapids, injured patients or their families only have a set amount of time to investigate medical malpractice and act – whether this means settling your claim or filing a lawsuit.
If you wait too long to either settle or file a lawsuit, you can lose out on the right to be compensated for your harms and losses.
In general, you have two years from the date of the injury or death to settle or file your case. It is known as the statute of limitations. There are some limited exceptions to this statute – if the injured patient was a child, you may have more time.
Has it been longer than two years since you were injured? Whether an exception to the 2-year time limit applies to your case can only be answered by an experienced legal team who knows the facts of your case.
It’s never a bad idea to contact a skilled medical malpractice lawyer as soon as you believe malpractice has occurred. Although you have two years before you must file, it can take months to get all your medical records reviewed by the appropriate doctor or other medical experts.
If you have been seriously and permanently injured or a loved one has died because of medical error, the time to call us is now. Dial 1-800-433-0283 today.
Tim Semelroth
Board-Certified Trial Attorney
Pressley Henningsen
AV-Rated Trial Attorney
A car came through the median and we were hit head on. Every bone in my body from my lower jaw down to the bottom of my feet was broken. My medical bills were in the hundreds of thousands of dollars. I can’t imagine going through something like this without someone like Tim or RSH Legal.
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