West Des Moines, Iowa Personal Injury Blog

Iowa residents may be surprised to learn that in the US, medical malpractice ranks as the third-leading cause of death. Data collected from the years 2009 to 2018 shows that more than 250,000 people die every year because of negligence on the part of medical professionals and surgical errors.

The data revealed some other interesting statistics. For example, New York state paid out $7 billion during the years from which the data was collected. It had the highest medical payouts of all the states in the US. Lawsuits involving medical malpractice between those years average out to around $309,000 in each case.

Everyone in Central Iowa and across the nation knows that doctors are not perfect. In fact, it has been estimated that around 20 percent of patients are misdiagnosed. For individuals to protect themselves, it is good to be aware of some of the common diseases that medical professionals misdiagnose.

It has been estimated that over 40 percent of the time, doctors misdiagnose some forms of cancer. The reason why this is so common is that the symptoms can be difficult to pin down and could indicate other diseases. It is always wise to get a second opinion, especially when the doctor giving the first diagnosis is not a cancer specialist.

Iowa doctors and other health care practitioners are expected to reach a certain level of professionalism and proficiency. When the required standard of care is not met, the patient may have a claim for medical malpractice. Medical malpractice cases are dependent on a theory of negligence, which means in part that the defendant allegedly failed to meet a required standard of care.

The elements of a medical malpractice claim are that a duty existed between the health care professional and the patient, that the duty was breached, and the patient was harmed as a result of the breach. In order for a court to determine that a health care professional was negligent, the injured party must demonstrate that the medical care provided fell below the generally acceptable standard of care. The demonstration often requires the testimony of a medical expert in the same field. The expert will usually testify regarding the acceptable standard of care and the failure of the defendant health care professional to meet that standard.

Iowa residents who are expecting a child should know that difficult deliveries are not uncommon. The baby can be injured in these, and one of those possible injuries is called Klumpke paralysis. This rare condition is defined as an injury to the nerves in the child's shoulder, called the brachial plexus, and it can cause stretching, scarring or tearing.

Stretching, known as neuropraxia, is the most minor injury. A tear is the most serious and can take the form of an avulsion, which occurs at the spine, or a rupture. Whatever the extent of the injury, it usually results in weakness and loss of movement in the lower arm and hand. One may even notice that the eyelid on the side of the face opposite the injury will droop. This is a rare symptom and is called Horner syndrome. Usually, a physical examination done at birth will detect Klumpke paralysis.