Determining who is liable when a medical error is made can be confusing and difficult to do if you aren’t familiar with how the state of Iowa recognizes parties for medical malpractice. The fact is, medical malpractice claims, in general, aren’t easy to understand as there are several laws set into place that help protect doctors and other health care providers from being sued when they make a mistake. So, what is a person to do when they believe they are the victim of medical malpractice?
Hire a personal injury attorney who has extensive experience in handling medical malpractice cases.
The fact is, you may be able to file a lawsuit against the doctor, the hospital, or even both parties depending on the relationship the physician holds with that facility. For example, if they are not directly employed by the facility but are contracted to provide services there, the facility may be free from liability. However, if the physician is employed by the hospital or facility, then there is a chance that the doctor along with the hospital in which they work for can both be named as defendants in a medical malpractice case. When you choose to hold both parties accountable, you could request more in damages as both have a duty to provide you with a standard level of care.
If you believe you are the victim of a medical error and would like to have an experienced IA personal injury attorney assess the details of your matter to determine if you have a viable case, contact Eells & Tronvold Law Offices, P.L.C. Our lawyers will help you become more informed on what your legal rights are given you have grounds to file suit, which parties can be held liable for your losses, and how much you are entitled to receive as a result of the damages you suffered.
What happens after I file a lawsuit against a physician and/or hospital?
Once you choose to file suit against a physician and/or hospital for medical malpractice, you will need to provide evidence to the court that the party’s named as the defendants were, in fact, negligent which has led to you suffering from injuries, pain, or even from other medical conditions. Your personal injury lawyer will be able to help you with this as it can be a bit of a challenge to gather all the necessary evidence you will need to build a strong case. Don’t be surprised if the physician or the hospital refutes the claims you have made as most aren’t willing to accept blame for something that could potentially lead to them being fined, cited, or lose their license to practice.
Now, something you should keep in mind when considering taking legal recourse against a physician and/or hospital for medical malpractice is that there is a statute of limitations for filing a lawsuit. In the state of Iowa, you are given two years “after the date on which [you] knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of, the injury or death for which damages are sought in the action, whichever of the dates occurs first” [Source: Iowa Code §614.1]. What this means is that if you wait longer than two years to take legal action, you could potentially lose out on your ability to file suit.
With that in mind, we encourage you to contact our office today to schedule an initial consultation so that our team of dedicated IA personal injury attorneys can speak with you regarding your matter and provide you with a course of action we would take to help you obtain the justice and compensation you deserve.
You can reach Eells & Tronvold Law Offices, P.L.C. at:
1921 51st Street NE
Cedar Rapids, IA 52402
Phone: (319) 393-1020
Fax: (319) 393-4000