Before going on to the next part in this series about wrong-site, wrong-patient or wrong-procedure, we need address the question: Why write about this subject? Why is this, a topic of discussion that has the lawyers’ interest for an entire month?
Our answer is pretty simple: No one seems to be seeing the bigger picture that improves patient safety. The doctors and hospitals aren’t talking about it and don’t report it when it happens. They are all still billing you and I when it happens.
In my twenty-seven years as a civil trial lawyer, I have had three, yes three clients with this type of insult that they did nothing to deserve. Two are women whose reproductive organs were improperly altered by unauthorized surgery. And I don’t want you thinking this is a problem the lawyers are creating. No way. I want you to know its real, not a figment of a lawyer’s imagination. And to prove it I want you to read another post from yesterday that discusses a...
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Delaying Service of Process May Be Your Next Big Headache - A Plaintiff Lawyer’s NightmareFrom: desmoines.injuryboard.com
Post Date: 2007-12-28 22:00:55
In this case, Antolik v. McMahon, 112/06-0918 (Iowa 2007) the plaintiff’s case was dismissed by the Iowa District Court for untimely service. I.R.C.P. 1.302(5) requires suits to be served within 90 days following filing. The Plaintiff had sought, ex parte, and received an order granting additional time to complete service of process due to ongoing settlement negotiations. The Court citing Henry v. Shober, 566 N.W.2d 190, 193 (Iowa 1997) held that ongoing settlement...
more Lawyers and TechnologyFrom: desmoines.injuryboard.com
Post Date: 2007-12-28 22:00:15
Here is an ad for the iPhone being used by a lawyer as shown on YouTube. Simply created it still is very effective in demonstrating the power of the digital information age. Watch it and you have to wonder where we will be in just five short years. ...
more Iowa Consumer Fraud Laws May Change for the BetterFrom: desmoines.injuryboard.com
Post Date: 2007-12-23 14:00:58
I applaud Tom Miller, the Iowa Attorney General, for recommending the legislature allow consumers to directly sue for fraud under Iowa Code section 714.16 .
The Consumer Rights Act bill would give Iowa consumers a "private right of action" under Iowa’s Consumer Fraud Act, section 714.16 of the Code of Iowa, if they suffered a loss of money or property due to deception, misrepresentation or other unfair practices or intentional omissions by someone advertising or selling products or ...
more Pedestrian Struck When Crossing to Retrieve the MailFrom: desmoines.injuryboard.com
Post Date: 2007-12-22 22:00:16
There is a report of a car-pedestrian collision in the Leland area. A 79 year old gentleman is crossing Highway 69 in Winnebago County. The report indicates on the way he is struck by a car traveling northbound on Highway 69. It may seem simple to many but not so to a trial lawyer. There are many unknown facts that you need to know before deciding on which is at fault of more at fault for the incident that lead to this untimely death.
What is the pitch or layout of the roadway along that str...
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