The vast majority of doctors in the U.S. will not advise a patient to undergo surgery unless it is necessary. However, there are some unscrupulous surgeons who will recommend surgeries that are not medically for profit or, in other cases, a surgeon may advise surgery by mistake. Both scenarios can be extremely dangerous to patients who put their trust in doctors to recommend the best course of treatment. Those who have surgeries – necessary or not – run the risk of complications. A common threat to all surgical patients is that a serious infection may develop around the surgical site resulting ..read more

In Iowa, consortium claims involving children may involve a parent suing for injury and death of a child or a child suing for injury or death to a parent ~ aka the loss of parental consortium. A child’s claim to damages caused by the death or injury of a parent to an accident, defective product, medical malpractice or other personal injury represents what the injured or deceased parent would have provided to his or her child if they had not been injured or had survived. Loss of parental consortium may compensate for the loss of economic support as well as loss of the injured or deceased parent ..read more

When a spouse is killed due to the negligence of another, a surviving spouse may sue the responsible party for loss of consortium. What is Spousal Consortium? Spousal consortium refers to the fellowship between spouses and the right of each spouse to benefit from their relationship in terms of financial support, company, aid, affection and more.  If a spouse dies, the surviving spouse may recover damages for what a deceased spouse “would have” contributed if they had survived. In terms of economic support a deceased spouse would have contributed, a court will consider many factors such as ..read more

Falls in nursing homes result in many injures. Because falls can be devastating for elderly residents who are at higher risk for broken bones, infections and the like, it is important to recognize some of the common causes to prevent falls from happening in the first place.  Nursing homes have a legal obligation to minimize hazards to protect their residents. Hazards such as unoccupied wheelchairs or food service carts in hallways or objects such as oxygen tanks or other medical devices not properly put away in residents’ rooms can create a fall hazards. Many nursing home residents suffer ..read more

The popularity of rideshares as a means to get from point A to B is growing in popularity across the country. Companies such as Uber and Lyft have seen an increase in customers who appreciate the convenience of being picked up or dropped off at their destinations using an app on their phones and the drivers, many of whom that are new to the profession of public transportation, also welcome the opportunity to make money in the gig marketplace. Although rideshares services have become popular with passengers and drivers alike, it is important to remember that there is always the risk of bei ..read more

During the summer months, teens often attend parties at friends’ homes or invite others over to hang out where alcohol sometimes enters the picture.  Although parents may be inclined to take a hands off approach when teens gather at their home, perhaps even turning a blind eye to alcohol use, it is important to understand that a parent who supplies alcohol to their own children or their friends may be held liable for injuries, deaths, or property damage caused by a minor’s intoxication. While Iowa has a social host immunity law that largely protects a host from liability when guests are i ..read more

Recently, a patient at an Ohio hospital received a kidney transplant intended for another patient. Fortunately, the organ was compatible and the patient is recovering, but certainly a medical mistake such as this could have easily turned deadly. While astonishing, surgical errors are all too common, and can include unnecessary surgeries, misidentification and surgery on wrong body parts (in this case the wrong person), failure to treat complications, physical injury and bleeding, anesthesia errors, failure to monitor breathing, or even leaving foreign objects in the body. Surgical errors can o ..read more

An injury accident caused by a drunk driver presents as a very clear indicator of negligence in a personal injury lawsuit. Drunk or drugged driving impairs a drivers physical and mental abilities significantly, diminishing their judgement, focus and concentration and affecting their coordination, control and reaction time. It is a recipe for an accident and, unfortunately, car accident injuries and fatalities are common when someone drives impaired by alcohol or drugs. When drives drunk or drugged they are disregarding the safety of other drivers and pedestrians. If they are involved in an inj ..read more

A typical passenger car traveling at 60 mph covers approximately 88 feet per second. When braking occurs, it takes over 270 feet for a car to come to a complete stop in ideal conditions – dry pavement with good brakes and tires. According to Edmunds, the perception time, the reaction time, and the effective braking time is “132 feet before a car even begins slowing down from 60 mph.” If a car is following another too closely, known as tailgating, the risks for a rear end collision and injuries to all involved greatly increase. Perception time is the three-quarters of a second it takes for you ..read more

Motorcycle accidents often result in serious injury or even death to motorcyclists who have little protection in a collision with a motor vehicle. Fourteen percent of all traffic fatalities are motorcyclists and ATVs, underscoring just how dangerous it is for motorcyclists. Many times a motorcycle accident is caused by another driver who does not see a motorcyclist, due to distracted driving or alcohol or drug impairment. Some accidents occur because the driver of a car or truck simply does not respect a motorcyclist’s right to share the road or yield as provided by law. Unfortunately when a m ..read more