Legal Question in Medical Malpractice in Iowa

Can this be a legal suit for Malpractice?

I recently had a laminectomy performed on my L5-S1. After surgery I still had the leg and buttocks pain. One and halp weeks after surgery I had the worst pain immaginable. My orthopedics office didn't seem to care and ignored me for two days, until I called my doc at home. He took a prescription to the pharmacy for demeral and waited 5 days to do a repeat MRI. And since my surgeon was now retired I was referred on. I had a second surgery Jan 4, 2000, where this surgeon removed approximately 6 pieces of missed disk. Two of the pieces were of 1 1/2 cm and one was attached to my nerve root. The other pieces were half that size. Since this horrible pain started my left foot and leg is numb and remains numb after second surgery. Is the first surgeon responsible for my numb foot and leg because he missed all of this disk. I didn't have this numbness before the first surgery. I'd appreciate any advice you can give me. Thank you.


Asked on 1/06/00, 9:42 pm

1 Answer from Attorneys
Joel Fenton Fenton Law Office

Re: Can this be a legal suit for Malpractice?

The burden of proof necessary to prove malpractice against the first doctor would be a showing that he or she failed to meet the standard of care for other doctors in the same location, circumstances, and area of practice.

After analysis of your medical records, current medical condition, and discussion of the matter with your current physicians, it may well be that an attorney can determine that malpractice has been committed. No attorney can read a small fact pattern and say one way or another that you have a case.

My office handles professional malpractice cases as part of the legal matters we are willing to pursue. If you are interested in having your case evaluated, or discussing your legal rights under Iowa law, please feel free to give my office a call at (515) 633-9210 or (888) 700-9941.

Joel E. Fenton

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Answered on 1/14/00, 1:28 am


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