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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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Medical Malpractice In Iowa can you claim loss of wages &

Resolved Question:

Medical Malpractice: In Iowa can you claim loss of wages & medical bills>


Submitted: 6 years ago.
Category: Legal
Expert:  TJ, Esq. replied 6 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Generally speaking, in a medical malpractice case the plaintiff is entitled to compensatory damages, which includes medical bills, lost wages, and any other out of pocket expenses (it also includes pain & suffering).

Without knowing anything about your case, however, I can't definitively say that the defense attorney gave misinformation. It's possible that in your particular case lost wages were not appropriate for some peculiar reason, though I can't even think of such a reason right now. You may want to double check with your attorney about the defense attorney's reasoning. Of course, you must also keep in mind that anything goes in a settlement. If the parties agreed to everything except lost wages, then that is perfectly lawful.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our session). Positive feedback is always appreciated as well. Thank you and good luck!
TJ, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Please answer my questions
Expert:  TJ, Esq. replied 6 years ago.
Hi again.

Did you post follow-up questions? If so, then I haven't seen them. I only see your initial post, my answer, and your response where you ask me to please answer your questions. Feel free to re-post your questions and I'll be glad to answer them.
Customer: replied 6 years ago.
Medical malpractice: loss of wages ($8,000,000.00) medical bills (in excess of $2,000,000.00) My attorney from Nebraska advised me that the defense attorney from Iowa informed him that these items were not compensable under Iowa Medical Malpractice Law.
Expert:  TJ, Esq. replied 6 years ago.
Hi again.

As a general rule, that is not true. I can point to Iowa malpractice cases where lost wages were awarded: Cockerton v. Mercy Hosp. Medical Center, 490 N.W.2d 856 (Iowa App., 1992), which states: "Even though [Plaintiff] received paid medical leave during the period she was forced to miss work, we agree that the time taken as sick leave is compensable. [Plaintiff] should not be forced to use up her paid leaves before she receives any compensation for lost wages."

I can also point to attorneys in Iowa that state that they can win lost wages for their clients: Please look HERE for find: "A medical professional who harms a patient through carelessness should be held responsible for the damage he or she has done. It is not right for victims of unprofessional behavior to suffer additional expenses like medical bills or lost wages in addition to their injuries. Our Iowa medical negligence lawyers can help you build a case and restore your losses"
Customer: replied 6 years ago.

This in fact was a case against Mercy Hospital = what do I do now & is there a Statute of Limitations against attorneys for professional negligence?

Expert:  TJ, Esq. replied 6 years ago.
Wow, weird coincidence about the hospital. If you already settled, then there's not much that you can do against the Mercy Hospital. However, you may be able to take action against your attorney since it seems that he may have given you terrible advice. The statute of limitations to sue an attorney in Nebraska is 2 years.
Customer: replied 6 years ago.
2 years from the date of settlement or 2 years from the date you discovered evidence of the bad advice?
Expert:  TJ, Esq. replied 6 years ago.
Hi again.

It's 2 years from the act of malpractice, or 1 year from when it could have been reasonably discovered (and in no event can it be more than 10 years after the act).

From a practical matter, in the type of case that you have, it's 2 years since the malpractice can be reasonably discovered immediately if you consult with another attorney.
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Customer: replied 6 years ago.
FYI-after a surgery my husband, 44 yrs. old, had a central line removed & the nurse sat him up & fed him then left the room. An air bubble went into his heart & killed him. No one discovered him till about 7-8 mins. later & revived him. He suffered a brain injury, was paralyzed, couldn't speak, went blind, had a trach & was on a vent for 5 1/2 years. Thank you for your help.
Expert:  TJ, Esq. replied 6 years ago.
That's absolutely terrible. I hope that you can find peace.