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In-depth articles on medical malpractice, birth injury, personal injury, and the legal standards that govern your case — written to help you understand your options.

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Articles & Legal Information

At Hixson & Brown, P.C., we believe that every injury is personal. No matter the type of accident or the severity of your injuries, we understand how important it is for you and your family to obtain a positive resolution to your case. Headquartered in West Des Moines, we represent clients across Iowa, Minnesota, and nationwide who have suffered harm from medical malpractice, motor vehicle accidents, and other serious personal injury cases.

We know how difficult and confusing this time is for you. To help, we've drafted articles about some of our most prominent practice areas. If you have further questions or wish to schedule a free consultation with our team, we invite you to contact us today.

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  • Birth injury articles: We have extensive experience pursuing claims when mothers or their children suffer serious or fatal injuries while giving birth. Use the menu to explore topics including cerebral palsy, HIE, Erb's palsy, shoulder dystocia, and more.
  • Medical malpractice articles: Medical malpractice is a broad area that can be difficult to prove. Our team offers comprehensive and compassionate counsel for all medical malpractice claims — from misdiagnosis to hospital negligence to medication errors.
  • Surgical error articles: If you suffered injuries from negligent post-operative care, anesthesia errors, wrong-site surgery, or another surgical error, we can help evaluate your claim.
  • Motor vehicle accident articles: We represent victims of car, truck, motorcycle, and other motor vehicle accidents — including fatal collisions, drunk driving cases, and pedestrian injuries.
  • Personal injury articles: From catastrophic injuries and traumatic brain injuries to burn injuries and spinal cord damage, we represent families facing the most serious consequences of someone else's negligence.
  • Iowa & Minnesota law guides: Understanding your state's statute of limitations and legal standards is critical. Our articles cover the deadlines and requirements that apply to your case.
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Representation For Victims Of Commercial Vehicle Accidents Across Iowa

Last updated on October 23, 2025

The drivers of delivery vehicles, limousines and other commercial vehicles are often paid by the trip. The faster they can get to their destinations, the more money they can make. As a result, some commercial drivers in Iowa can engage in careless or negligent driving behaviors, leading to accidents.

If you have been injured in a collision with a delivery truck, shuttle van or another type of commercial vehicle, Hixson & Brown, P.C. in West Des Moines, stands ready to represent you. We provide results-oriented representation for auto accident victims, designed to obtain full compensation for all losses.

Who Can Be Liable In A Commercial Truck Accident?

Determining liability in a commercial vehicle accident is rarely simple. These cases involve multiple parties who each play a role in causing the crash. Because of the high stakes and complex insurance issues, victims can benefit from having an experienced truck accident attorney handle every detail.

In many delivery truck accident cases, responsibility may rest with:

  • The truck driver, if fatigue, distraction, speeding or substance use led to the collision.
  • The trucking company, for unsafe schedules, lack of maintenance or improper hiring and supervision.
  • Vehicle or parts manufacturers, when mechanical failures such as brake or tire defects contribute to the crash.
  • Cargo loaders or contractors can be held responsible if cargo shifts and causes an accident due to unsecured or overloaded cargo.

Each party may deny fault to reduce financial responsibility, which makes these claims particularly difficult to resolve. Proving liability requires gathering records such as driver logs, maintenance reports and black box data, along with expert analysis.

We understand the complexity of commercial trucking laws and possess the resources to develop robust, evidence-based claims for our clients.

Helping Accident Victims Rebuild Their Lives

When representing you, our personal injury lawyers will work to build a strong and successful case for you. This will be an in-depth legal effort, which thoroughly analyzes all aspects of your case, including the circumstances of the accident, insurance coverage issues, the medical care and rehabilitation services you need, and the losses you have suffered.

Our careful case preparation methods often place us in a position to negotiate favorable settlements. We have extensive trial experience, however, and if necessary we will vigorously represent you at trial. Hixson & Brown, P.C., will help you get the compensation and medical care you need to rebuild your life.

Contact A Lawyer And Schedule A Free Consultation

If you or a loved one has been injured in a truck or commercial vehicle accident, it is essential to act promptly. The sooner you reach out, the sooner an attorney can preserve evidence, communicate with insurers and protect your rights. Trucking companies often have aggressive legal teams on their side, so having your own advocate levels the playing field.

At Hixson & Brown, P.C., we are known for our thorough investigations, clear communication and strong results. From our Des Moines office, we handle cases across Iowa and Polk County with compassion and dedication, always keeping our clients informed and supported throughout the process.

For a free consultation with our West Des Moines commercial vehicle accident lawyers, contact Hixson & Brown, P.C. Let us help you understand your legal options, prove fault and pursue the compensation you deserve to rebuild your life.

Immediate Gathering Of Evidence Critical To Reconstruction Of A Motorcycle Collision

Last updated on February 3, 2023

Hixson & Brown in West Des Moines has handled a number of motorcycle collisions that have caused the wrongful death of the motorcycle operator. This often leaves only the operator of the motor vehicle to testify regarding the events leading up to the collision. Often the car or truck driver will place blame on the motorcycle driver for the accident.

For example, the car or truck driver may say they were unable to see the motorcycle in time to avoid the collision because the motorcyclist was speeding. Thus, the family of the motorcyclist is already at a disadvantage attempting to prove that the motor vehicle driver was actually at fault for the collision and the wrongful death.

This is why a family who has lost a loved one due to a motorcycle collision should immediately contact an attorney with experience handling motorcycle accidents and wrongful death cases.

First-Hand Experience Resolving Complex Motorcycle Crash Cases

We recently represented the family of a motorcycle driver who was killed after his motorcycle collided with a Des Moines Independent Community School District bus at an intersection. According to the bus driver, she had entered the intersection after coming to a complete stop at a stop sign. The bus driver claimed that the motorcycle driver must have been exceeding the posted speed of 30 mph and that this prevented the bus driver from seeing the motorcycle prior to entering the intersection.

The bus driver was cited by police for failing to yield the right of way before entering the intersection. However, after a trial to a jury on the traffic ticket, the bus driver was found not guilty.

We were hired to represent the family in a wrongful death civil action against the bus driver and the Des Moines Independent Community School District. The attorneys immediately went to work gathering evidence of the collision. This evidence was crucial in order to determine who was at fault for the collision and the wrongful death of the motorcycle driver. Some of this crucial evidence included:

  1. Photographing of the motorcycle as soon as possible: The attorneys at Hixson & Brown immediately tracked down the motorcycle and hired a private investigator to photograph the motorcycle prior to it being destroyed or sold for salvage. In photographing the motorcycle, particular attention was placed on the bulb of the headlight, scuff or scratch marks on the motorcycle, scuffs on the tires, tire treads, and all areas of damage. It was imperative that the bulb be photographed since the condition of the filament of the bulb could actually show whether or not the bulb was on at the time of impact. Scuff marks, scratches, tire scuffs and other damage areas also contained critical information on braking of the motorcycle and the action of the motorcycle immediately prior to the collision.
  2. Photographing the motorcycle accident scene immediately: We immediately had the entire accident scene photographed and videotaped. This was critical to show any potential visual obstructions encountered by either the bus driver or the motorcycle driver that may have impeded either driver’s view and to show the condition of the roadway surface, including tire skid marks, cuts and scrapes on the road from the motorcycle, the area of the impact and the movement of the vehicles after the collision.
  3. Gathering evidence from video surveillance cameras available: The attorneys at Hixson & Brown immediately secured a copy of the school bus’s onboard video. Although the onboard video only showed the passenger compartment of the school bus, it also revealed objects outside the bus’s windows. Based on the position of objects seen through the bus’s windows while the bus was moving, the video could be utilized to show the speed of the bus, the location of the bus at any point in time as well as the exact time of impact with the motorcycle.

From this information, we were able to prove that the school bus never came to a complete stop at the stop sign before entering the intersection. Additionally, through the use of an accident reconstruction expert, we were able to recreate and animate the events that occurred immediately prior to the motorcycle collision and wrongful death.

The animation of the motorcycle accident revealed the following:

 

Accident View Above
Hixson & Brown, P.C.

We were able to determine whether or not the wrongful death would have occurred if the bus driver had stopped at the stop sign for just one (1) second prior to entering the intersection. The animation showing a hypothetical one-(1) second stop at the stop sign revealed:

 

Accident View Above – 1 second stop
Hixson & Brown, P.C.

Through a very thorough investigation and the gathering of critical evidence, our team proved that the motorcycle accident and wrongful death would not have occurred if the bus driver had stopped at the stop sign for even one second.

Just eight days after providing the evidence and the video animation of the accident reconstruction to the insurance company, the case settled for $2,000,000. This is an example of why it is critical to immediately contact a lawyer with expertise in handling motorcycle collisions, motorcycle accidents and motorcycle wrongful death claims. Any delay could result in the loss of evidence that might be critical to determining exactly how the motorcycle collision occurred.

Helping Families In Iowa After Fatal Car Accidents

Last updated on February 3, 2023

If you have lost a family member in a fatal car accident, you need time to grieve. Unfortunately, under our civil justice system, you have a limited window of time to file a wrongful death lawsuit. To protect your rights, it is important to talk to an attorney as soon as possible.

At Hixson & Brown, P.C. in West Des Moines, our personal injury attorneys represent family members of fatal car accident victims throughout Iowa. We are skilled trial advocates with the investigative resources needed to establish liability and document our clients’ losses.

Time Is Of The Essence After A Fatal Accident

Fatal crashes require prompt investigation. Evidence such as skid marks, vehicle damage and accident debris may be lost if not collected and preserved promptly. Statements from witnesses must be taken before their memories fade.

While money can never replace what you have lost, filing a wrongful death lawsuit can provide a measure of financial security for your family. The civil justice system can also hold the negligent party accountable.

Compensation Available After A Deadly Auto Accident

Depending on the circumstances of your case, compensation in an auto accident case of wrongful death can include:

  • Medical expenses
  • Funeral costs
  • Loss of financial support the deceased person would have provided
  • Loss of consortium
  • Loss of parental guidance
  • Loss of accumulation to the deceased person’s estate
  • Loss of health insurance provided by the deceased person
  • Loss of household services provided by the deceased person

Our law firm will provide strong representation for you in settlement negotiations and at trial if necessary. Our lawyers often work with experts such as economists and financial planners to obtain the maximum compensation for your family.

Contact Our Attorneys For A Free Case Review

To schedule a free consultation with our fatal car accident attorneys, call the West Des Moines office of Hixson & Brown, P.C. You can also reach us via our online contact form.

Seeking Compensation For Motor Vehicle Accident Victims

Last updated on October 6, 2025

Every day, Iowa drivers take on the risk of being injured or killed by a negligent, reckless driver. In 2023 alone, 377 Iowans were killed and at least 1,389 Iowans suffered serious injuries in crashes on Iowa roads. There were 18 fatalities and 91 severely injured people in Des Moines alone.

If you or a loved one has been injured or killed because of motor vehicle negligence, the car accident lawyer at Hixson & Brown, P.C.Russ Hixson, is here to help you stand up for your civil rights and get the justice and compensation you are entitled to under Iowa law.

Most people do not understand the extent of their legal rights and relying on an insurance company to be fair and do what is right is not the right decision to make. It is important to get legal representation to guide you through the process. Our firm is a Des Moines-based practice that is dedicated to helping accident victims and families get the compensation they deserve and need to recover and move forward with life.

To help you understand what to do after a car accident in Iowa, we’ve assembled this comprehensive guide to the legal issues related to motor vehicle accident personal injury claims.

Table Of Contents

  1. Types Of Motor Vehicle Accidents
  2. Car Accidents And Related Claims
  3. Common Causes Of Car Accidents In Des Moines
  4. Major Roadways Where Crashes Happen In Des Moines
  5. Consequences Of Motor Vehicle Accidents
  6. Injuries And Fatalities From Car Crashes
  7. Financial And Emotional Impact On Victims
  8. Legal Process For Motor Vehicle Accident Claims
  9. Filing A Claim And Proving Liability
  10. Compensation And Settlements
  11. Frequently Asked Questions About Des Moines Car Accidents
  12. Why Choose Hixson & Brown, P.C.
  13. Our Experience And Track Record
  14. Compassionate Legal Support
  15. Client Testimonials
  16. Free Initial Consultation With Our Des Moines Car Accident Attorney

Types Of Motor Vehicle Accidents

Motor vehicle accidents can happen under many circumstances. Each type of accident can involve different causes, liability issues and injuries.

Car Accidents

Car accidents are the most common type of motor vehicle accident. They can be caused by distracted driving, speeding, intoxication or failure to follow traffic laws.

Motorcycle Accidents

Motorcycle riders are particularly vulnerable in crashes. Without the protection of a vehicle frame, motorcycle accidents often lead to severe injuries such as traumatic brain injuries or spinal cord damage.

Bicycle Accidents

Bicyclists have little protection when struck by a vehicle. Collisions with motor vehicles often cause fractures, head injuries and lasting disabilities.

Pedestrian Accidents

Pedestrians are at high risk in traffic collisions. Even at low speeds, being struck by a vehicle can cause catastrophic injury.

Common Causes Of Car Accidents In Des Moines

Many car crashes are preventable. Common causes include:

Drunk Driving Accidents

Driving under the influence remains a leading cause of car accidents in Iowa and across the nation.

Texting While Driving Accidents

Distracted driving – especially texting while driving – causes numerous crashes on Des Moines roads.

Hit-And-Run Accidents

Leaving the scene of an accident is not only illegal, but it can also leave victims without immediate aid.

Rear-End Accidents

Rear-end crashes often happen in traffic congestion and can lead to whiplash and other soft tissue injuries.

Major Roadways Where Crashes Happen In Des Moines

Traffic congestion and high speeds on major routes make Des Moines a hotspot for car accidents and other motor vehicle accidents. Common roadways where crashes occur include:

  • Interstate 235 (I-235): Runs directly through Des Moines, Windsor Heights and West Des Moines. With heavy commuter traffic, this stretch often sees multicar crashes and rear-end accidents.
  • Interstates 35 and 80: These highways converge north of the city, creating heavy traffic and frequent truck accidents.
  • Des Moines Bypass: A busy bypass south and east of the city where high-speed crashes are more likely.
  • U.S. 6 and U.S. 69: Major U.S. highways with steady commuter and truck traffic contributing to serious car crashes.
  • Iowa Highways 28, 141, 163, 330, 415 and 160: Connecting surrounding communities, these routes often see motorcycle accidents, truck accidents and serious collision injuries.

Consequences Of Motor Vehicle Accidents

The aftermath of a motor vehicle accident can change a life forever. Medical costs, property damage, and lost wages often overwhelm victims and their families.

Injuries And Fatalities From Car Crashes

Car crashes can cause catastrophic injuries including traumatic brain injuries, spinal cord injuries, internal bleeding, broken bones and even wrongful death.

Financial And Emotional Impact On Victims

Victims and families often face financial hardship, emotional trauma and long-term medical needs. Recovery can take months or years, and sometimes full recovery is impossible.

Legal Process For Motor Vehicle Accident Claims

Filing a personal injury claim requires careful documentation and strong evidence. Insurance companies often try to minimize payouts, which is why legal representation is critical.

Filing A Claim And Proving Liability

Establishing liability involves proving negligence, collecting medical records and often working with expert witnesses. Our firm has extensive experience managing these complex cases.

Compensation And Settlements

Successful accident claims may include compensation for medical bills, lost wages, pain and suffering, and future care needs.

Frequently Asked Questions About Des Moines Car Accidents

Victims often wonder the following:

Q: How long do I have to file a car accident claim in Iowa?
A: In most cases, the statute of limitations is two years from the accident date. Some exceptions may apply.

Q: Will my case go to trial?
A: Many cases settle out of court, but our team is prepared to try your case if needed.

Q: How much does it cost to hire Hixson & Brown?
A: We offer a free consultation and work on a contingency basis. You pay nothing unless we recover compensation.

Why Choose Hixson & Brown, P.C.

Our firm has millions of dollars in compensation recovered for injured clients. We focus on serious injuries including medical malpractice, birth injuries and motor vehicle accident injuries.

Our Experience And Track Record

Russ Hixson has more than 35 years of experience representing plaintiffs in personal injury and medical malpractice cases. He has been named a Top 10 Attorney by the American Jurist Institute and received a Lifetime Achievement Award from America’s Top 100 Attorneys. He is also a member of the Million Dollar Advocates Forum.

Compassionate Legal Support

We understand the emotional and financial stress accident victims face. Our team offers compassionate support while aggressively pursuing justice.

Client Testimonials

Our clients consistently share their gratitude for our dedication, legal knowledge and results.

Free Initial Consultation With Our Des Moines Car Accident Attorney

If you or a loved one has been injured in a car accident in Des Moines, contact Hixson & Brown, P.C., today. Our experienced team provides compassionate guidance, aggressive representation and a focus on results.

Malpractice In University Of Iowa Hospitals And Clinics

Last updated on February 3, 2023

Most physicians, nurses and other medical professionals in Iowa truly care about their patients and diligently strive to uphold a high standard of care. In some cases, however, a practitioner fails to adhere to an acceptable standard of care and his or her negligence leads to serious injuries or wrongful death.

The Des Moines, Iowa, medical malpractice lawyers of Hixson & Brown, P.C., fight for justice and fair compensation for those who have been injured or lost a loved one due to a doctor’s negligence. We handle all types of medical malpractice claims against the University of Iowa Hospitals and Clinics. Such claims may include:

  • Surgical errors
  • Birth injuries
  • Emergency room errors
  • Failure to diagnose
  • Medication errors
  • Poor postoperative care
  • Other types of negligence

Pursuing Claims Against State Hospitals Requires Professional Legal Help

Because the University of Iowa Hospitals and Clinics are state-run facilities, any medical malpractice claim must be filed under the Iowa State Tort Claims Act. If the claim is not settled within the administrative process, a lawsuit may be filed. In developing medical malpractice cases, our attorneys work with highly respected physicians, surgeons and other medical experts.

Free Consultation With Our University Of Iowa Hospitals And Clinics Malpractice Attorneys

To request a free case evaluation and learn whether you may have a valid Iowa medical malpractice case against the University of Iowa Hospitals and Clinics, call the West Des Moines office of Hixson & Brown, P.C. You can also reach our lawyers via our online contact form.

Helping Victims Of Emergency Room Errors

Last updated on February 3, 2023

When any of us is taken to the emergency room or brings a loved one there, we trust all urgent medical needs will be met in a professional, knowledgeable and competent manner. When ER doctors or other personnel break that trust and commit serious mistakes, they may be held liable for their negligence through a medical malpractice lawsuit.

If you believe you or a family member suffered serious injuries because of emergency room malpractice in Iowa, turn to the law firm of Hixson & Brown, P.C.

Examples Of Potential Emergency Room Negligence

  • Failing to admit a patient who is in dire need of assistance
  • Discharging a patient prematurely
  • Failing to provide proper medical treatment
  • Failing to treat pulmonary embolism or serious blood clots
  • Failing to read a patient’s medical charts or test results correctly
  • Failing to provide appropriate tests such as X-ray, CT scans or EKGs
  • Prescribing or administering the incorrect medication
  • Failing to diagnose heart attack, stroke, appendicitis or other life-threatening conditions

No matter the error, the Des Moines medical error lawyers of Hixson & Brown, P.C., will be your advocate through every step of the legal process. With decades of experience, our attorneys understand exactly what it takes to bring a successful claim in these complex cases. We will work hard to obtain the money you need to cover your medical bills, lost wages, pain and suffering, or other damages.

Free Initial Consultation With Our Iowa Lawyers For Emergency Room Errors

To schedule a free initial consultation about your potential medical malpractice case, call the West Des Moines office of Hixson & Brown, P.C. You can also reach us via our online contact form.

Holding Doctors And Pharmacies Accountable For Prescription Errors

Last updated on February 3, 2023

More than one million people are injured each year by prescription drug errors. While most errors do not cause lasting harm, more than 6,000 people die annually from mistakes in prescribing or dispensing drugs.

Hixson & Brown, P.C., is a team of experienced personal injury and wrongful death lawyers in West Des Moines that represents families throughout Iowa in cases of medical malpractice. We are skilled trial advocates with the experience and resources needed to establish liability and obtain maximum compensation in complex cases involving prescription drug errors.

If you believe you or a family member suffered serious injuries because of a prescription drug error, turn to the law firm of Hixson & Brown, P.C.

Examples Of Prescription Drug Errors

Prescription drug errors may originate in the doctor’s office or in the pharmacy where prescriptions are filled. The most common error — one that causes more than 41 percent of prescription drug deaths — is administering the wrong dose of a medicine. Other errors include:

  • Prescribing the wrong drug
  • Using the wrong route of administration for a drug
  • Drug dispensing errors
  • Drug labeling errors that can result in a patient taking too much or too little of a drug
  • Failure to warn patients about drug side effects
  • Failure to consult a patient’s medical history, resulting in drug use that causes allergic reactions
  • Failure to ask what other drugs a patient is taking, resulting in dangerous drug interactions

No matter the error, the Iowa prescription error attorneys of Hixson & Brown, P.C., will be your advocate through every step of the legal process. Our lawyers have more than 60 years of combined experience handling complex medical malpractice cases.

Free Initial Consultation With Our Iowa Wrong Prescription Attorneys

To schedule a free initial consultation about your potential prescription drug error case, call the West Des Moines office of Hixson & Brown, P.C. You can also reach us via our online contact form.

Did You Suffer Complications Because Of A Medication Error?

Last updated on February 3, 2023

In hospitals, patients tend to take the medications nurses give them. Few people would imagine hospital staff would give them the wrong drug or the wrong dose of a drug. Unfortunately, medication errors in hospitals cause more than 6,000 deaths each year.

If you have been injured or a family member has died due to a medication error at an Iowa hospital, turn to the lawyers at Hixson & Brown, P.C. We are a medical malpractice law firm dedicated to representing families who have suffered losses due to doctor and hospital errors. Our Iowa medication error attorneys have more than 60 years of combined experience litigating complex medical negligence cases and fighting for fair compensation for our clients.

Examples Of Medical Errors In Hospitals

Medication errors are the most common type of medical error in hospitals. Examples of medication errors include:

  • Prescribing the wrong medicine
  • Prescribing the wrong dose of a drug
  • Giving a patient another patient’s medication
  • Prescribing medication a patient is allergic to
  • Prescribing medication that is dangerous when used with other drugs the patient is taking
  • Infections caused by intravenous administration of drugs

If you or a loved one has suffered serious side effects from hospital drugs, the attorneys of Hixson & Brown, P.C., will be your advocate through every step of the legal process. We know how to build a strong case of negligence against the hospital that caused your loss. We will work hard to obtain the money you need to cover your medical bills, lost wages, pain and suffering, or other damages.

Free Initial Consultation With Our Des Moines Medication Mistake Attorneys

To schedule a free initial consultation about your medication error injury case, call the West Des Moines office of Hixson & Brown, P.C. You can also reach us via our online contact form.

West Des Moines Wrongful Death Lawyer Representing Fatal Medical Malpractice Claims

Last updated on August 17, 2022

If your family member died in a hospital or emergency room, you may not feel ready to talk to a wrongful death lawyer about your legal options. You need time to grieve. However, if the death was due to medical negligence, it is important to talk to a wrongful death law firm as soon as possible. You have rights that need to be protected.

Hixson & Brown, P.C., consists of a team of experienced wrongful death lawyers in West Des Moines that represents families throughout Iowa. We are skilled trial advocates with the experience and resources needed to establish liability and obtain maximum compensation in complex medical malpractice cases. When we represent you, we will work diligently to obtain full compensation for you and justice for the loss of your loved one.

Wrongful Death Requires Prompt Action

In a case of wrongful death in a health care setting, it is important to begin the investigation process promptly. We have handled cases where hospitals or hospital employees have altered records to cover up evidence of negligence and to protect themselves from liability. Your wrongful death attorney needs to act quickly to collect and preserve evidence. In addition, Iowa has a two-year statute of limitation from the time you know or should know that medical malpractice caused your loved one’s death.

When Does Malpractice Lead to Death?

Although many legal errors can cause illness and injury, some types of medical malpractice are more likely to lead to a fatality. These include:

  • Misdiagnosis and delayed diagnosis – Failure to promptly and correctly identify a medical issue can cost a patient precious time needed for treatment. This is especially critical in an emergency room.
  • Information flow and communication problems – Too often, medical personnel do not take the time necessary to document and review information or to gather critical information from a patient that could make a big difference in outcome.
  • Patient-related errors – Another major miscommunication problem includes ensuring that the provider identifies the correct patient, including the correct records, diagnosis and medications taken. In addition, too often, the patient does not understand their diagnosis and treatment options or has not given proper consent to a procedure.
  • Infection – Hospitals are notorious breeding grounds for infections, which can often be treated if caught early. Too often, hospital staff does not catch them in time.
  • Medication errors – It may come as no surprise that giving a patient the wrong drug or the wrong dosage can easily lead to death. Many situations can lead to these errors, such as improper procedures, poor communication, incomplete records and understaffed facilities.
  • Technical problems with equipment or medical devices – Faulty equipment or medical devices used on patients can result in tragic consequences. Equipment must be maintained and replaced on a regular basis.

Our team can help you determine whether medical malpractice led to your loved one’s death. We have the experience necessary with these cases to examine your case and help you decide how to proceed.

Compensation In a Wrongful Death Case

While money can never replace your family member, a wrongful death lawsuit can help your family deal with financial issues related to the death. It can also hold medical providers accountable.

Depending on the circumstances of your case, compensation for wrongful death can include:

  • Medical costs incurred prior to death
  • Funeral expenses
  • Loss of financial support
  • Loss of consortium and companionship
  • Loss of parental guidance for a child
  • Loss of accumulation to the estate
  • Loss of health insurance
  • Loss of household services

Our wrongful death attorneys often work with economists, financial planners, life care planners and other experts to determine the full value of your losses.

Contact Us Today

To request a free case evaluation, call our wrongful death law firm. You can also reach us via our online contact form.

Holding Iowa Hospitals Accountable

Last updated on February 3, 2023

Hospitals in Iowa are known for upholding a high standard of care. Unfortunately, even the best hospitals can make errors that result in serious injury or wrongful death for patients. When a hospital error results in a negative outcome, it is important to understand why the error happened so that it can be prevented in the future. It is also important to compensate the individual or family for the physical injuries or damages caused by the medical error.

The medical malpractice lawyers of Hixson & Brown, P.C., in West Des Moines, Iowa, represent people who have been injured due to hospital negligence. We handle all types of hospital negligence claims, including:

  • Surgical errors
  • Anesthesia errors
  • Failure to monitor patients for infections following surgery
  • Birth injuries
  • Emergency room errors such as failure to detect heart attack or broken bones
  • Failure to diagnose cancer or other diseases
  • Laboratory errors
  • X-ray and radiology errors
  • Medication errors
  • Slip-and-fall accidents occurring in a hospital setting

Not every negative outcome in a hospital setting is due to malpractice. Sometimes, doctors, nurses and other hospital staff can do everything right, and the patient still suffers a serious injury or dies. However, if the hospital failed to uphold the standard of care for a patient, then you may have a case of medical malpractice against the hospital.

In determining whether a hospital may have committed malpractice in your case, our attorneys will work with highly respected physicians, surgeons and other medical experts. We handle malpractice cases throughout Iowa, including Blank Children’s Hospital, Broadlawns Medical Center, Iowa Health, Iowa Lutheran Hospital, Iowa Methodist Medical Center, Mercy Health Services, Mercy Medical Center and VA Central Iowa Health Care System — Des Moines Division, Ottumwa Regional Health Center, Van Diest Medical Center, Great River Medical Center, Hancock County Memorial Hospital, Henry County Health Center, Hamilton County Public Hospital and Covenant Medical Center.

Free Consultation With Our Hospital Negligence Attorneys In Des Moines

To request a free case evaluation and learn whether you may have a valid Iowa medical malpractice case, call the West Des Moines office of Hixson & Brown, P.C. You can also reach our Iowa hospital malpractice attorneys via our online contact form.

Bariatric Surgery

Last updated on February 3, 2023

The United States Center for Disease Control and Prevention (CDC) tells us “more than one-third of U.S. adults (over 72 million people) and 17 percent of U.S. children are obese. During 1980-2008, obesity rates doubled for adults and tripled for children.” iFurthermore, the CDC informs us that obesity increases the risk of many health conditions, including the following:

  • Coronary heart disease, stroke and high blood pressure
  • Type 2 diabetes
  • Cancers, such as endometrial, breast and colon cancer
  • High total cholesterol or high levels of triglyceride
  • Liver and gallbladder disease
  • Sleep apnea and respiratory problems
  • Degeneration of cartilage and underlying bone within a joint (osteoarthritis)
  • Reproductive health complications such as infertility
  • Mental health conditions ii

The obesity epidemic has been a topic of discussion for many years. One tool that has been developed to fight obesity is bariatric surgery. According to the University of Iowa Hospital and Clinic‘s website, “The University of Iowa is the birthplace of obesity surgery. Dr. Edward Mason — the ‘father of bariatric surgery’ — conceived and performed the first weight loss procedure at the University of Iowa in 1965.” Since that time, hundreds of thousands of bariatric procedures have been performed in the United States and throughout the world. The American Society for Metabolic & Bariatric Surgery estimates that approximately 200,000 adults have metabolic and bariatric surgery each year, “which is about 1 percent of the surgically eligible population.” iiiIn other words, within the medical profession, bariatric surgery is seen as a growth opportunity.

Despite the growth of bariatric surgery, and presumably continued development of expertise needed to perform such surgeries, significant risks continue to exist for bariatric surgery patients. The risks include both death (mortality) and non-death health risks (morbidity). The operating physician has a duty to manage known risks and to avoid, if possible, these risks from developing. For example, one of the leading causes of early death following bariatric surgery is a pulmonary embolism. Medical science has developed certain prophylactic measures to minimize the development of pulmonary embolism. These prophylactic measures may include pneumatic compression devices as well as subcutaneous unfractionated or low molecular weight heparin injections. A surgeon who performed bariatric surgery on a patient and failed to bring any prophylactic measures in order to minimize the risk of developing a pulmonary embolism would be hard pressed to defend himself from a claim of medical negligence if the patient suddenly died from a pulmonary embolism.

Mortality (Death)

Generally, bariatric surgeons will inform patients that the overall 30-day mortality rate for bariatric surgical procedures is less than 1 percent. However, the mortality rates for certain groups are much higher than this. These groups include patients: over 65, male, patients with chronic disease or the super obese (BMI >50). Additionally, increased mortality is associated with low surgeon and hospital volume of bariatric procedures. “Both in-hospital and 30-day mortality are decreased when bariatric surgery is performed by surgeons and hospitals that perform more than 100 procedures a year.” iv

Intraoperative Complications

Some complications may arise during the bariatric surgery procedure. For example, in laparoscopic bariatric surgery procedures, trocars are inserted into the abdominal cavity. Care must be taken when such instruments are inserted into the body as significant damage may result if done improperly. Indeed, the instructional booklets/pamphlets that accompany these trocars, very often warn the physician of the need to be careful when inserting the trocar. Despite these warnings, physicians sometimes apply excessive pressure when inserting the trocar and unnecessary injuries may result. Injuries can occur to the spleen, portal vein and also to the bowel. Sometimes during a Roux-en-Y procedure the physician fails to maintain proper bowel orientation with the result that misconstruction can occur.

Following surgery significant bleeding may occur which, if not corrected, can lead to further unnecessary complications. Additionally, wound infections and leaks may occur. The use of certain surgical techniques, as well as prescribing appropriate antibiotics, have been shown to decrease the incidence of wound infections. When a leak occurs, certain signs and symptoms, such as low-grade fevers, respiratory compromise or unexplained tachycardia (rapid heartbeat) may be present. Since a leak can rapidly progress to the development of sepsis and/or septic shock, it is important prompt action be taken if a leak is suspected. Failure to take appropriate action if the signs and symptoms of a leak occur may constitute medical negligence.

If you or a loved one is injured as a result of a bariatric surgery procedure, you may wish to have the relevant medical records reviewed by an experienced medical malpractice law firm.


i Id.
ii Adair JD and Ellsmere JC, Complications of Bariatric Surgery, 2013 Up-To-Date (literature current through February 2013) (accessed 3/18/2013)

Wrong-Site Surgery Is A Real Problem

Last updated on February 3, 2023

Wrong-site surgery (WSS) includes surgery performed on the wrong side or site of the body, the wrong surgical procedure performed, and surgery performed on the wrong patient. According to Dr. Mark R. Chassin, MD, FACP, M.P.P., M.P.H, President, The Joint Commission,¹ “Wrong-site surgery is a rare event for individual surgeons or health care organizations. But when it does happen, it is a devastating event that is often life altering for the patient who experiences it.” Unfortunately, as noted by The Joint Commission, some estimates put the national incidence rate as high as 40 per week.

Potential Solutions

In recognition of the problems associated with surgical malpractice and WSS, The Joint Commission issued Sentinel Event Alert newsletters in1998 and 2001, in an effort to call attention to this serious problem. In 2004, The Joint Commission convened a WSS summit that led to the development of a Universal Protocol. Use of the protocol is a prerequisite for accreditation by The Joint Commission. In February of 2012, The Joint Commission Center for Transforming Healthcare released its Targeted Solutions Tool (TST) for WSS. It is believed that use of the TST will increase the effectiveness of the Universal Protocol. According to The Joint Commission, over 50 professional associations and organizations have endorsed the Universal Protocol.

The three key elements of the Universal Protocol are: (1) preoperative verification process; (2) marking the operative site; and (3) taking a time out. In various publications, The Joint Commission Center for Transforming Healthcare has outlined specific causes for WSS procedures and identified specific recommendations to avoid and/or overcome these problems. For example, with respect to time-out procedures, The Joint Commission Center for Transforming Healthcare recommends the following:

  • Perform a standardized Time-out process, which occurs after the prep and drape, and includes the following elements:
  • Perform role-based Time-out in which every team member has an active role to play in the process
  • Point and touch verification of the surgical site mark by the surgeon and scrub technician;
  • Address any concerns by the team before proceeding
  • Reduce noise and cease all other activity in operating room

In recognition of the serious problems associated with WSS, the Iowa Board of Medicine specifically includes WSS as grounds for disciplining Iowa physicians. Specifically, rule 653.23.1(45) provides as follows:

The board may impose any of the disciplinary sanctions set forth in 653 — subrule 25.25(1), including civil penalties in an amount not to exceed $10,000, when the board determines that the licensee is guilty of any of the following acts or offenses:

. . .

(45) Performing or attempting to perform any surgical or invasive procedure on the wrong patient or at the wrong anatomical site or performing the wrong surgical procedure on a patient.

Your Rights

If you or a loved one is injured through a wrong-site surgical procedure, you should consult an experienced West Des Moines lawyer to review your rights, which would include filing suit against the negligent medical provider(s). While it is almost always necessary to present expert testimony to establish the applicable standard of care in a medical negligence case, one potential exception to this rule may, in the right case, be a wrong-site surgery case.

Free Consultation With An Attorney

Contact Hixson & Brown, P.C., to speak with an experienced medical malpractice attorney.


¹ The Joint Commission a not-for-profit organization, which accredits and certifies more than 20,000 health care organizations.

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