Iowa City, IA – Birth injuries require a number of specific steps both to investigate what went wrong from a medical standpoint, as well as the process to follow a lawsuit related to medical malpractice. Following these procedures is important, because an injury sustained at birth or shortly after can affect the child long term and require months or years of expensive treatments and special care. Prevailing in a lawsuit is often the only way for most families to afford these kinds of medical costs.
Detecting medical malpractice
In order for a plaintiff to be successful in any case involving a medical mistake, they must show what the relevant standard of care is for a certain procedure, then they need to prove through testimony and other evidence how the defendant failed to meet this standard. This is usually done by retaining a doctor who practices in a similar area of medicine or has the same specialty. Iowa does not formally require expert testimony in all medical malpractice cases, but it is generally the best and most efficient way to show a deviation from an accepted standard of medical care. Aside from evidence related to a failure to meet the standard of care, there are also requirements of causation and tangible damages as in other negligence cases. This means that there must be a direct link between the doctor’s failure to provide adequate care and the newborn’s injuries.
Filing a medical malpractice lawsuit
There are certain procedural rules in Iowa that govern how medical malpractice cases are filed and how they proceed through the early stages. This includes a two year statute of limitations for most actions, unless the injuries are not apparent until a later time. The filing documentation also needs to allege specific facts that directly caused the plaintiff’s injuries through some kind of medical mistake or neglecting proper standards of care. This is usually a much more detailed process than in a standard injury lawsuit related to a motor vehicle accident or workplace mistake because of the nature of medical science.
Finally, the filing documents must include a statement of damages or losses caused by the defendant’s actions. In birth injury cases, this will generally include listing the specific medical problems and their costs of treatment. If these are long term problems, the protected losses due to additional healthcare can also be included, as well as the parents’ emotional pain and suffering.
Lawyers are available to help after birth injury
Eells and Tronvold Law Offices is a firm in Iowa that helps local clients with their cases related to various kinds of injuries and accidents. Their attorneys are able to meet with anyone who has concerns about filing a lawsuit and receiving compensation.
Firm contact info:
1921 51st Street NE, Cedar Rapids, IA 52402-2400