Category Archives: Litigation

Medical Malpractice–litigating medical errors

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If you or a loved one is permanently injured or killed by a medical error, you may have a medical malpractice claim.  These claims are difficult and expensive to litigate and must be evaluated by a medical expert and an attorney.  Call me today for a review of your claim.

Medical malpractice cases require the use of medical experts to give testimony in court.  Recent changes in Iowa law have made it even more difficult to bring a successful medical malpractice claim.  There generally must have been a deviation from an accepted standard of care before negligence can be proved.  Because of the need for medical experts, medical malpractice litigation is expensive.

A viable medical error claim will generally require:

  1.  Death or permanent injury occurring during a medical procedure or shortly after;
  2. Evidence of a preventable medical error;
  3. Absence of other likely causes or explanation for the patient’s death or permanent injury.

In medical malpractice actions, I often partner with a medical/legal consultant who will work with me on the claim to help determine whether we can be successful and recover the damages you or your loved ones need to compensate them for the medical negligence of a doctor or medical provider.

Call me today.  I will be glad to evaluate your medical claim.

Don’t “just pay” that traffic ticket!

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Never plead guilty to a traffic ticket issued in connection with an auto accident.

Many people just pay their traffic tickets without giving a second thought to the consequences. In Iowa, if you get a ticket in connection with a car wreck or other accident you should NEVER just plead guilty and pay the ticket. Why? Iowa Code Section 321.489 provides that the record of a CONVICTION of a violation of Chapter 321 (Iowa’s traffic code) is inadmissible in any subsequent civil action. However, the record of a guilty plea is admissible. So if you just pay the ticket, and later you get sued for causing the accident, your own negligence (due to speeding, running a stop sign, or other traffic violation) will be simple for the opposing party to prove. They can use your conviction record to prove you actually did what the ticket charged. But, if you go to trial and the judge finds you guilty, the record of conviction from the case becomes inadmissible at the later civil trial. So next time you get a ticket, EVEN IF YOU ARE GUILTY, enter a not guilty plea and show up for the trial. Often there are multiple causes of an accident, and by pleading guilty to a traffic offense, you may limit your ability to recover for your own injuries by giving the insurance company lawyers easy proof that you were at fault.