Medical Malpractice

Find out if it is worth pursuing an Iowa medical malpractice case

Has your life been permanently changed by a preventable medical error? Did a family member die after a “routine” medical procedure? Did a doctor or nurse miss obvious warning signs of a serious medical emergency?

We at RSH Legal know this happens all too often. Unfortunately, getting fair compensation after “botched” medical care is difficult in Iowa.

Medical malpractice cases are tough to win. According to a recent study, patients will win only 23% of medical malpractice cases that go to trial in front of a jury.

Medical malpractice cases are also expensive to prove. Recent Iowa law requires a signed report from a medical expert before most medical malpractice cases can go forward. Qualified doctors charge thousands of dollars to review a potential medical malpractice case before they will sign such a report.

Because Iowa law stacks the deck against medical malpractice victims, we consider it our ethical duty to take only legitimate medical malpractice cases with a strong likelihood of success for the client. We pride ourselves in not wasting our clients’ time or giving them false hope.

RSH Legal has a statewide reputation of successfully fighting for injured patients and their families but we must be VERY selective.

Because of our track record of success, RSH Legal gets hundreds of Iowa medical malpractice inquiries every year. For that reason, we must be very selective and use strict criteria when considering whether to accept a medical malpractice case.

Call us right now if your case meets these criteria:

1. The injury must be very serious – resulting in permanent injury or death.
2. The injury must be directly related to the suspected medical malpractice.
3. The malpractice must have occurred in Iowa within the last 18 months (unless it involves an injury to a child during birth).
4. You must not be represented by another lawyer, and we will accept no case that has already been filed in court.
5. Your case must not involve a claim you got an infection from a hospital stay.
6. Your case must not be about “bad bedside manner” or injuries that only frightened or angered you.
7. Your case must not be about problems that “might” happen in the future.
8. We will not take a case against an orthopedic surgeon in Linn County, Iowa.

What to do if your Iowa medical malpractice case satisfies under our criteria:

The first thing is to call us right away at 319-409-6575.

The imbalance of power after medical malpractice can be overwhelming. The patient’s family is usually lost, dealing with unexpected death, disability or a lifetime of medical bills. The medical professional and his or her malpractice insurance corporation have the upper hand – they know the rules and they have the money.

We want to help balance the scales for as many patients as we can. Contact our experienced medical malpractice lawyers at RSH Legal today to find out if we can fight for fairness for you.

The second thing you must do is download a free copy of the Law Guide to Iowa Medical Malpractice Claims.

You need answers after substandard medical treatment. RSH Legal is here to give you those answers. That is why we wrote this Law Guide.

We are Iowa medical malpractice attorneys who have spent years helping patients and their families get justice after life-changing medical mistakes. We have seen all types of medical malpractice and we have fought every sleazy insurance industry tactic used against innocent patients. Several years ago, we collected all of our tips, strategies and warnings for Iowa medical malpractice victims into one publication – The Law Guide to Iowa Medical Malpractice Claims.

Since 2007, we’ve been providing Law Guides for free to any Iowan who suspected a case of medical negligence. The Law Guide to Iowa Medical Malpractice Claims is straightforward and easy to read.

• “How do I find out if I have a ‘malpractice’ case?”
• “Who is responsible for what happened to me or my loved one?”
• “If I suspect medical malpractice, how long do I have to do something?”
• “Where can I go for honest answers?”

This is the same insider information we would give to our own family members if they called us for advice after shoddy medical treatment.

Thousands of people have used our Law Guide to Iowa Medical Malpractice Claims to protect themselves after a devastating medical error.

Common Questions About Medical Malpractice Claims in Iowa

What Qualifies as Medical Malpractice in Iowa?

Medical malpractice in Iowa occurs when a healthcare provider deviates from the accepted standard of care in their medical community, resulting in injury or harm to a patient. This can include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, birth injuries, anesthesia errors, failure to obtain informed consent, or improper treatment. To prove medical malpractice, you must demonstrate that a doctor-patient relationship existed, the healthcare provider was negligent by failing to provide competent care that another reasonable provider would have given under similar circumstances, this negligence directly caused your injury, and you suffered actual damages such as physical pain, medical bills, lost wages, or emotional distress. Not every bad medical outcome constitutes malpractice—medicine involves inherent risks, and providers are only liable when they fail to meet professional standards of care.

How Long Do I Have to File a Medical Malpractice Lawsuit in Iowa?

Iowa’s statute of limitations for medical malpractice cases is generally two years from the date when the injury was discovered or reasonably should have been discovered, but no more than six years from the date of the alleged malpractice act. This “discovery rule” is important because some medical injuries aren’t immediately apparent and may take months or years to manifest. However, there are exceptions to these timelines, including cases involving foreign objects left in the body, fraud or concealment by the healthcare provider, or injuries to minors (children under 18 may have until their 20th birthday to file, depending on when the malpractice occurred). Because these deadlines are strict and the exceptions can be complex, it’s essential to consult with an experienced Iowa medical malpractice attorney as soon as you suspect you’ve been harmed by negligent medical care to protect your legal rights.

Do I Need an Expert Witness for My Iowa Medical Malpractice Case?

Yes, Iowa law requires expert testimony in most medical malpractice cases to establish the standard of care, prove that the healthcare provider deviated from that standard, and demonstrate that this deviation caused your injuries. The expert witness must be a qualified healthcare professional with knowledge, skill, experience, training, or education in the same or similar specialty as the defendant healthcare provider. Before filing a lawsuit, Iowa also requires a certificate of merit from a qualified expert stating there is a reasonable basis to believe malpractice occurred. There are limited exceptions to the expert witness requirement, such as cases involving obvious negligence under the “common knowledge” doctrine (like amputating the wrong limb or leaving surgical instruments inside a patient). An experienced medical malpractice attorney will have access to a network of qualified medical experts who can review your case, provide testimony, and help establish the negligence that led to your injury.

What Damages Can I Recover in an Iowa Medical Malpractice Case?

In Iowa medical malpractice cases, you can recover economic damages for quantifiable financial losses, including past and future medical expenses, rehabilitation costs, lost wages, loss of earning capacity, and any necessary long-term care or assistive devices. You can also seek non-economic damages for pain and suffering, emotional distress, loss of enjoyment of life, permanent disability or disfigurement, and loss of consortium (the impact on your relationship with your spouse). Iowa previously had a cap on non-economic damages in medical malpractice cases, but the Iowa Supreme Court ruled this cap unconstitutional in 2023, meaning there is currently no limit on non-economic damages. However, Iowa does not typically allow punitive damages in medical malpractice cases unless the provider’s conduct was willful, wanton, or showed a reckless disregard for patient safety. The total compensation you receive will depend on the severity of your injuries, the extent of your losses, and the strength of the evidence supporting your claim.

Here is a sample of the comments RSH Legal has received from grateful Law Guide readers:

Type your email address into the form on this page and we will quickly email you a download link to our FREE Law Guide to Iowa Medical Malpractice Claims.

If you are unable to receive a digital copy of our guide by email, call us at 319-409-6575 to request your hard copy today.

Take care,

Tim Semelroth

Board-Certified Trial Attorney

Pressley Henningsen

AV-Rated Trial Attorney