Instances of medical malpractice can occur anywhere. In Mt. Vernon, Iowa, a person can enter a doctor’s office healthy and emerge more ill than when he or she went in. Under Iowa law, you can take the medical profession to court for negligent actions. Before doing so, however, it is in your best interest to consult medical malpractice lawyers. They have the advantage of understanding your rights and those of the medical profession under Iowa law.
Defining Medical Malpractice
Medical malpractice is a form of personal injury. It occurs when someone in the medical profession through their actions harms their client or patient. The results may stem from or can be associated with any of the following:
- Errors in diagnosis: This includes both misdiagnosis or a failure to diagnose
- Inaccuracies in the prescribing of medication
- Birth injuries
- Treatment that can be construed as unreasonable or improper
These are the most common examples. They are the ones most likely to fall under the conditions acceptable for filing a case under Iowa law
Medical Malpractice and the Law
The state of Iowa has implemented several laws regarding the establishment and prosecution of medical malpractice. Lawyers make certain their clients completely understand the basics. They want to make certain the plaintiff knows how specific laws can affect their case. It is important they understand the ramifications on their case of the Doctrine of Modified Comparative Negligence, the Statute of Limitations and the concept of Prevailing Standard of Care. Of particular interest, when it comes to deciding the amount of damages a plaintiff may receive, is the doctrine of modified comparative negligence.
Doctrine of Modified Comparative Negligence
In the United States, the injured party must prove a direct correlation between the defendant’s actions and negligence. Of the various means of measuring the amount of “guilt” a party must accept for his or her actions, Iowa has chosen the doctrine of modified comparative negligence. For example, if your Mt. Vernon doctor is found to be guilty, but you are judged to have contributed to the result, the court will award you only the percentage for which you are not culpable. In other words, if he or she is 75% and you are 25% guilty of negligence, you will only be able to recover 75% in damages.
Reach Out to the Professionals: Medical Malpractice Lawyers
If you suffer at the hands of the medical profession, you may be able to launch a suit against those responsible. In Mt. Vernon, Iowa, or elsewhere in the state, it is best to consult the experts. Professional medical malpractice lawyers can help you file a case of negligence against those who have harmed you and your loved ones.
If you are considering filing a case against a doctor, surgeon or other party for their negligent actions, consider contacting the professionals at the Tom Riley Law Firm. Since 1980, in Mt. Vernon Medical, Malpractice Lawyers at the firm have defended the rights of the injured and damaged to receive compensation. Let the dedicated attorneys at TRF help you get the justice you deserve.
