Hixson & Brown, P.C.Des Moines Iowa Medical Malpractice & Personal Injury Lawyer2023-12-21T04:26:04Zhttps://www.hixsonbrown.com/feed/atom/WordPress/wp-content/uploads/sites/1502325/2021/01/cropped-site-icon-image-32x32.pngOn Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=512442022-10-05T13:55:20Z2022-10-05T13:55:20ZA 2016 study from Johns Hopkins Medicine determined that medical errors were the third-leading cause of death in the United States, behind heart disease and cancer. The study calculated that almost 10% of all deaths in the U.S. stemmed from a medical error.
Notably, the study only looked at fatal incidents, and did not estimate the number of patients injured or left with life-altering changes due to medical error. The study was also limited to analyzing inpatient hospitalization data.
Since the frequency of medical errors is higher than thought, it’s helpful to know about the most common categories of medical malpractice.
1: Misdiagnosis
A misdiagnosis is problematic because it can start you down a path of incorrect or unnecessary treatment that won't help you and could ultimately end up harming you. At the same time, the treatment you actually need to heal or address your condition is not being provided.
2: Delayed diagnosis
A delay in diagnosis, which implies that the correct one is eventually made, can cause permanent injuries, and it can also be fatal. There are many diseases and conditions that require prompt treatment if recovery is to be achieved.
Certain aggressive types of cancer, for instance, are best treated as early as possible. A less lethal example would be promptly identifying an infection so that it can be treated before it worsens. A delayed diagnosis often goes hand in hand with the first category: misdiagnosis.
3: Surgical errors
Mistakes made by surgeons, or their teams, can have dire ramifications for a patient. Examples include wrong-site surgery or operating on the wrong patient. In some cases, surgical teams will also leave items – foreign objects – within the body, which are retained after the surgery. This can lead to a variety of complications, including infections.
4: Birth injuries
Expecting mothers who go to the hospital plan to be assisted by a doctor. But a doctor’s mistakes could cause permanent damage to a newborn. For instance, if the baby's oxygen levels are not properly monitored during labor and drop too low for too long, the baby could suffer brain damage and develop cerebral palsy.
What can you do after medical malpractice?
If you have experienced one of these types of malpractice, whether it was while you were receiving care from your primary care doctor or perhaps more advanced care from staff at a hospital, make sure you know all about your legal options to seek fair compensation.]]>On Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=510112022-08-01T15:35:47Z2022-08-01T15:35:47ZHelmet usage is not compulsory in Iowa
While there is certainly statistical data backing up the idea that motorcycle helmets save lives and reduce the severity of injuries, Iowa is one of only a few states that does not require you to wear a helmet. You can legally ride without one. In addition, our supreme court has held that there is no common law duty to wear a helmet and the lack of a helmet is usually irrelevant to who is liable for a crash. Put simply, your decision to forgo a helmet will not prevent you from making an insurance claim or filing a civil lawsuit against the driver who actually caused the crash.
HOWEVER, you should understand that if you suffer head injuries and were not wearing a helmet, it is possible – and maybe even likely – that a jury will subconsciously include the lack of a helmet in their assessment of your case, including their assigning some amount of fault to you and/or reducing their calculation of your damages. The jury may decide that you took an unnecessary risk in not wearing a helmet. Your attorney will argue against this thought process, but it’s a possible uphill battle you might face if you don’t wear a helmet.
The Importance of Having the Right Insurance
Setting aside the issue of helmet or no helmet, the extent of available insurance can be just as important to you obtaining a positive outcome for your case. You typically depend on the at-fault driver’s coverage, but the at-fault person can legally have as little as $20,000 in coverage in Iowa. This will not get you far in the face of missed work and massive medical bills. You can, and likely should add underinsured and uninsured coverage to your policy to potentially cover your damages more thoroughly should you be faced with a catastrophic crash caused by another. Underinsured and Uninsured insurance is coverage that would either stack on top of the at-fault party’s coverage or kick in if the at-fault party failed to have insurance. It is a smart decision to speak with your insurance agent about these additional coverages now.
Knowing what laws protect you, and how you can protect yourself, will increase your chances of a positive outcome should you suffer an unfortunate motorcycle crash.]]>On Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=480392021-09-02T20:14:11Z2020-12-18T17:18:38Zwrongful death lawsuit, you have to request a specific amount of compensation that reflects the actions of the other party and the impact of the death on your life. How do you decide what to ask for any wrongful death claim?
Some losses are straightforward
The financial impact of a death might include years of lost wages, medical care received by the victim and funeral cost. Verifiable losses including hospital expenses, property damage and lost income are often some of the biggest contributors to the overall value of a wrongful death lawsuit. However, there are other losses you can claim that require more in-depth consideration.
You can claim noneconomic losses as well
Someone in your family doesn't just provide you with financial support by earning money. They also provide you with emotional support, companionship and household help.
Determining the unpaid contributions your deceased loved one made to the household and support they provided to you and other dependents can be a good first step. From there, you will need to establish a value for services like lawn care and vehicle maintenance, especially because you will probably have to hire someone else to do those jobs now.
Getting help with estimating the financial impact of a death can make it easier for you to put a price on a loss that is likely far more emotional than financial for your family.]]>On Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=480322021-01-20T11:32:01Z2020-12-05T19:50:44ZModern cars are equipped with a variety of safety features, including airbags. While these can go a long way in saving your life in the event of a serious accident, they also pose a threat to your health if you don’t know what you’re doing.
Airbags save lives, but you need to take precautions
Here are some of the steps you can take to prevent airbag injuries:
Wear your seat belt: Without a seat belt holding you in your seat, you’re likely to end up too close to the steering wheel in an accident. Subsequently, you’re hit with the airbag with too much force.
Move back: Don’t be one of those people who sits a few inches away from the steering wheel. Even if you’re shorter and need to move closer, don’t get too close. The more space you can leave between yourself and the airbag, the better off you’ll be.
Be careful if you’re pregnant: Should your airbag inflate while you’re pregnant, it could strike your midsection with force. And as a result, you put the safety and well-being of your unborn child at risk.
Even though airbag injuries have the potential to be serious, they’re installed for a reason. They’re proven to save lives and reduce the severity of injuries. If you’re injured in a motor vehicle accident, call 911 to request an ambulance. This is particularly important if you suspect serious injuries. Your medical team can examine you from head to toe, ensuring that all your injuries are diagnosed and treated in the appropriate manner. This will eventually lead you to file an insurance claim and seek other forms of compensation from the negligent party. ]]>On Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=480122021-01-20T11:32:05Z2020-11-19T23:10:54ZWhat should you do if you’re attacked by a dog?
The top concern with a serious bite is going to be getting the bleeding to stop and getting a patient to the hospital. Call 911 and let the operator know that there is an open bite wound. If the dog is still at large, then you should also inform the operator, so they can warn the emergency medical team, police or others who are coming to help.
The person who has been bitten should remain calm. The part of the body that is injured should be raised above the level of the heart if possible to reduce bleeding. Additionally, tourniquets may be used to help stem significant bleeding.
If you’re able to capture the dog that attacked or the owner is with the dog and can restrain it, make sure it’s placed somewhere controlled. The emergency team will need the animal’s medical and vaccination records when possible.
No one wants to deal with a dog bite or attack, but it could happen to anyone. If you’re injured, remember that you can seek compensation from the dog’s owner for their negligence in allowing this attack to happen.]]>On Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=478652021-01-20T11:32:07Z2020-11-04T13:49:25Zsteps you should take before agreeing to surgery:
Ask questions. Is this surgery necessary? Are there any non-invasive methods that could be tried before resorting to this step? What complications are common with this surgery? If your surgeon can’t (or won’t) answer you, that’s a problem.
Do some online research. A Google search can turn up news articles about lawsuits or other problems involving your surgeon. You may also be able to find patient experiences on HealthGrades.com or Vitals.com that illuminate your surgeon’s skill or character.
Check their credentials and their history. The Federation of State Medical Boards allows consumers to look up their physician’s license, while the American Board of Medical Specialties let you see if your surgeon is board eligible or certified in their speciality.
Look at Medicare data. ProPublica and Consumers’ Checkbook both maintain databases that rate surgeons based on the number of procedures they do, their success rates compared to other surgeons and the complications they have.
What happens, however, if your precautions aren’t enough and you still end up harmed by a surgical mistake? In that kind of situation, it’s wisest to discuss your case with someone who can help you better understand who has liability for your injuries and what to do next.]]>On Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=478342021-01-20T11:32:11Z2020-10-27T18:14:44ZDistance to medical care
The biggest issue is the distance to the nearest hospital. The greater that distance, the higher the odds someone will pass away.
Say, for instance, that two vehicles get involved in a crash when one driver starts texting and drifts over the centerline. In the car that gets hit, the person suffers internal bleeding, along with other serious injuries. They can’t stop or even diagnose that bleeding on their own, and bystanders can do nothing for them. They don’t know it, but they have 10 minutes until they pass a point where doctors and surgeons can no longer save them.
If that accident happens downtown, emergency crews could be on the scene in two minutes. That person is getting help from trained professionals almost instantly. They may only be a mile from a hospital. They can get into the ER or into surgery and doctors can save their life.
If the exact same accident, with the exact same injuries, happens on a rural road that is 20 minutes out of town, the person has passed away before the emergency crews even get to the scene. They certainly don’t have time to get to the hospital.
Nothing else was different. They had the same accident, in the same cars, at the same speed and with the same safety features in place. All that changed was the location. In one case, it’s just an injury accident. In the other, it’s a fatal crash. This is why experts often warn about the dangers of driving on rural roads. It’s not always that the roads are more dangerous, but just that they’re farther from medical care.
Your options
If you have lost a loved one in a serious car accident caused by another driver, you need to know what legal steps you can take.]]>On Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=478382021-01-20T11:32:14Z2020-10-26T16:01:28Z14 hours of driving per shift. Once they hit that time, they have to stop driving. The new regulations give them a bit of leeway with this time. If they’re driving in adverse conditions like snow, the time limit is extended by two hours. This is meant to give them more flexibility. However, opponents may wonder if it will make it more likely for them to suffer from fatigue.
The breaks these drivers are required to take are also changing. A trucker must take a 30-minute rest break after 8 hours of driving. In the past, they had to be off the clock for this. Now, they can take this break while they’re on the clock as long as they aren’t driving. This means they can get their break in while the truck is being loaded or unloaded by someone else.
Sleep breaks are another point that’s changed. Truckers must rest 10 hours between their 14-hour driving shifts. This used to have to be done all in one shift. Now, it can be broken up into an 8-hour/2-hour split or a 7-hour/3-hour split. This gives the trucker more leeway to get a shorter rest period during their driving hours if they need one.
While most motorists aren’t familiar with the hours of service regulations for truckers, they can become important if you’re involved in a crash with a semitruck. Your attorney can help you to tie this into your personal injury claim if it’s a factor.]]>On Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=478312021-01-20T11:32:17Z2020-10-09T10:39:10ZDogs are normally friendly, loving animals. Unfortunately, even the most docile pet can become aggressive when it is sick or injured, scared or upset. This year, as you’re traveling for the holidays, it’s important to remember how you can avoid dog bites when you’re with friends and family or around people in public. While you’re never going to be able to prevent every dog from biting, there are some things you can do to recognize when a dog doesn’t want you to approach it or is feeling stressed. If you notice these signs, back away from the animal and separate yourself from it.
What are the signs that a dog wants you to back off?
The first thing to do is to read the dog’s body language. Does it look tense? Does it have its ears pressed back or tail tucked? If so, err on the side of caution and back away. It may be fearful or angry, so it’s best not to get any closer. Another thing to look for is a dog that seems tense and has its back hair (hackles) raised. That is a sign that the dog is trying to intimidate you, which could mean that it’s more likely to attack.While some dogs will show teeth while smiling and grinning, the same isn’t true of most. If a dog raises its lips and bares its teeth, it’s time to back away from it. It may be guarding food, trying to show you that it doesn’t want to be picked up or trying to communicate that it’s unhappy, and those teeth can quickly snap and lead to injuries.These signs of potential dog bites need to be recognized for you to stay safe. Watch closely, so you can avoid bites. If you are injured by a dog, find out more about your right to seek compensation for your losses.]]>On Behalf of Hixson & Brown, P.C.https://www.hixsonbrown.com/?p=478132021-01-20T11:32:20Z2020-10-05T13:49:19ZParents often have a full-time job in childcare alone
Parenting is around-the-clock work, but parents with young children can often go back to paid employment when their children reach a point where they can go to daycare. Children with serious birth injuries may not be able to stay with a standard child care provider and might instead require expensive nursing support during the day.
Families often find it is more cost-effective for one spouse to leave their profession and provide full-time care for a child with special needs then to bring in outside help. Having nothing to focus on but your child might increase your risk of caregiver burnout.
Performing exercises at home, taking a child to multiple medical appointments and still trying to care for the house and themselves is the lot for many parents of young children was birth injuries. Asking for help, including help getting compensation because of the injury, could make life easier for your whole family.
Medical malpractice claims can offer your family justice and help
When a medical professional makes a mistake that will impact your child's health and quality of life for their entire future, your family shouldn't have to bear that burden alone.
You may have the option of filing a medical malpractice insurance claim or bringing a civil lawsuit against the doctor, practice or facility responsible for the medical assistant that produced your child's birth injury. That compensation could help replace your lost wages, cover medical expenses and take a little bit of the pressure off of your family as you adjust to your new reality.]]>