We’re Here to Answer Your Questions
If you or a loved one was harmed by medical negligence or a serious accident, you likely have a lot of questions. We answer the most common ones below — and we’re always available for a free, confidential consultation.
Every case is different. Speak with our attorneys directly — it’s free and confidential.
FEATURED RESULT – NOVEMBER 2025
Past results do not guarantee a similar outcome.
Verdict against Mayo Clinic — among the largest medical malpractice verdicts in Iowa history
These are general guidelines only. Contact us immediately — missing a deadline can permanently bar your claim regardless of its merit.
No. We represent clients across Iowa, Minnesota, and nationally through our co-counsel partnership with Trial Lawyers for Justice (TL4J). Your location is not a barrier to representation. What matters is where the injury or malpractice occurred and which state's laws apply — and we have experience navigating both Iowa and Minnesota law, as well as working with attorneys in other states for cases that arise elsewhere.
Our $19.8 million verdict against Mayo Clinic in November 2025 was tried in Olmsted County, Minnesota on behalf of a Fort Dodge, Iowa resident — a direct example of our ability to represent clients across state lines against major institutional defendants.
As soon as possible. Several things happen quickly after an injury that an attorney can help preserve: surveillance footage and accident scene evidence disappear within days; medical records can be altered or lost if not properly requested; witnesses' memories fade; and if the injury involves a state facility like UIHC, the notice of claim deadline may be as short as 60 days.
The investigation phase of a medical malpractice case alone — gathering complete records and consulting qualified experts — typically takes six months to a year. Starting that process early means you are not racing against both the investigation clock and the statute of limitations simultaneously. There is no cost to calling us early and no obligation.
Your initial consultation is free, completely confidential, and carries no obligation. We listen carefully to what happened, ask questions to understand the circumstances and timeline, and give you an honest assessment of whether we believe a claim is worth pursuing. We do not take every case — we only accept cases we genuinely believe we can win, and we will tell you honestly if we don't think the facts support a viable claim.
If we agree to represent you, we explain the next steps: what records we need to obtain, how the expert review process works, and what the realistic timeline looks like. You will never be pressured into signing anything at the consultation.
Yes. You have the right to change attorneys at any time. The outgoing attorney may have a lien on any recovery for work already performed, but that is a matter handled between attorneys — it should not prevent you from making a change if you believe you are not being properly represented.
If you are currently represented on a malpractice or serious injury case and are concerned about how it is being handled — lack of communication, no expert witnesses retained, pressure to settle for less than the case is worth — contact us for a second opinion. A consultation is always free.
Nothing upfront. We handle all personal injury and medical malpractice cases on a contingency fee basis. There are no hourly fees, no retainers, and no charge for your initial consultation. You pay attorney fees only if we successfully recover compensation for you.
This means that access to experienced legal representation — including a national network of qualified medical experts, life care planners, and economists — is not dependent on your ability to pay out of pocket. The contingency fee model exists precisely so that seriously injured people and families can access the same quality of legal firepower as large corporations and institutional defendants.
A contingency fee means the attorney's fee is contingent on winning — you only pay if there is a recovery. The fee is calculated as a percentage of the total amount recovered, whether by settlement or verdict. The specific percentage varies by case type, complexity, and stage of the case (pre-suit settlement vs. verdict after trial). We explain the exact fee structure clearly before you sign anything.
Contingency fees align your attorney's incentives with yours: we are motivated to build the strongest possible case and maximize your recovery because our compensation depends entirely on yours.
We advance all case expenses — medical record fees, expert witness fees, court filing fees, deposition costs, and other litigation expenses — on your behalf. These costs are typically reimbursed from the recovery at the end of the case, not charged to you out of pocket during the litigation.
This matters particularly in medical malpractice cases, where expert witness fees alone can run tens of thousands of dollars. A firm that requires clients to pay these costs upfront effectively limits access to justice to those who can afford it. We do not operate that way.
You owe no attorney fees if there is no recovery — that is the foundation of the contingency fee arrangement. The handling of case expenses in the event of a loss is something we discuss clearly in our representation agreement before the case begins. We will explain exactly what your obligations are in that scenario so there are no surprises.
Because we only take cases we believe in, the risk of an unsuccessful outcome is something we weigh carefully before accepting representation — our firm absorbs the cost of litigation when we take a case, so our evaluation of viability is rigorous.
A claim is a formal demand for compensation, typically submitted to an insurance company or defendant before any lawsuit is filed. Many cases resolve at the claim stage through negotiation and settlement without ever entering the court system.
A lawsuit is a formal legal proceeding filed in court when a claim cannot be resolved through negotiation, or when the statute of limitations requires filing before an investigation is complete. Filing a lawsuit does not mean the case will go to trial — the vast majority of lawsuits still resolve through settlement during the discovery process. But filing does signal that you are prepared to take the case all the way through trial if necessary, which is often what compels defendants to make a fair offer.
A settlement is a negotiated agreement between the parties where the defendant pays an agreed amount in exchange for the plaintiff releasing future claims. Settlements are private, typically faster, and eliminate the uncertainty of a jury trial. A verdict is a decision rendered by a jury (or judge) after a full trial. Verdicts are public and can result in higher awards than settlement offers — but they also carry the risk of a defense verdict.
Neither is universally better. The right outcome depends on the facts of your specific case, the strength of your evidence, the defendant's resources, and your own circumstances and preferences. We evaluate every case individually and advise you on what we believe represents full and fair compensation — we never recommend accepting a settlement simply to avoid the work of trial.
A deposition is sworn out-of-court testimony given under oath, recorded by a court reporter, and used as evidence in the litigation. In most malpractice and serious injury cases, the plaintiff (you) will be deposed by the defense attorneys. Defense witnesses, the defendant providers, and expert witnesses from both sides will also typically be deposed.
Being deposed sounds intimidating but it is a normal and manageable part of the process. We prepare every client thoroughly before their deposition — you will know what to expect, how to answer questions clearly and accurately, and how to avoid the common mistakes that hurt cases. Your deposition is an opportunity to tell your story under oath, and we treat its preparation as one of the most important parts of the case.
Most cases settle before trial, which means most clients never appear in a courtroom. However, you will likely need to participate in a deposition (sworn testimony outside of court) and in some cases a mediation session. If your case does go to trial, you would testify and be present throughout — but we prepare you fully for that process.
Cases that settle before trial still involve real legal work — investigation, expert witness retention, discovery, and negotiation. The quality of that preparation is what drives settlement value. A well-prepared case often settles for far more than one that wasn't built with trial in mind.
A life care planner is a specialized medical expert — typically a nurse, physician, or rehabilitation specialist — who evaluates the full scope of your future care needs and creates a detailed, costed plan projecting all future medical expenses, therapies, equipment, home modifications, and personal care services you will need over your lifetime.
In serious injury and birth injury cases, a life care plan is one of the most important pieces of evidence in establishing damages. Without one, it is very easy for a defense to argue that your future care costs are speculative or overstated. With a credible life care plan prepared by a qualified expert, your future economic damages are documented, defensible, and fully quantified. We work with life care planners on every case involving permanent or long-term injury.
An expert witness is a qualified professional — in malpractice cases, typically a physician or specialist in the relevant field — who reviews the medical evidence and provides an opinion on whether the standard of care was met, whether a deviation occurred, and whether that deviation caused the claimed injury. Iowa law requires a qualified expert's certificate of merit before a malpractice lawsuit can even be filed.
Expert witnesses are also used to explain complex medical concepts to juries, to rebut the defense's own experts, and to establish the full extent of your damages. The quality of your expert witnesses is often the single most important factor in whether a malpractice case succeeds. Our national network of qualified experts — across surgical, obstetric, neonatal, and other specialties — is one of the most significant assets we bring to every case.
Yes. When an individual defendant dies, claims can generally be brought against their estate. In medical malpractice cases, claims are typically brought against both the individual provider and the institution — hospitals, medical groups, and healthcare systems carry their own insurance and institutional liability independent of any individual physician's status. The death or departure of the treating provider does not eliminate the hospital's liability for its own negligence or for the negligence of its employed staff.
Economic damages are objectively quantifiable financial losses: past and future medical expenses, lost wages, diminished earning capacity, cost of long-term care, adaptive equipment, and home modifications. These have specific dollar values that can be calculated and documented.
Non-economic damages compensate for losses that are real but harder to quantify: pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Iowa enacted caps on non-economic damages in medical malpractice cases in 2023 — $1 million against individual providers and $2 million against hospitals. Crucially, there are no caps on economic damages in Iowa, which in catastrophic injury cases are typically the largest component of the total recovery.
Punitive damages — intended to punish particularly egregious conduct — are available in Iowa but are not common in standard negligence cases. Under Iowa Code § 668A.1, punitive damages require proof that the defendant's conduct constituted a willful and wanton disregard for the rights or safety of another — a significantly higher standard than ordinary negligence.
In cases involving deliberate concealment of an error, fraudulent alteration of medical records, or conduct that goes well beyond a simple mistake, punitive damages may be worth pursuing. Whether they are appropriate depends heavily on the specific facts of the case.
Generally, compensation received for physical injuries or physical sickness is not taxable under federal law (IRC § 104). This includes medical expense reimbursements, lost wages if directly attributable to the physical injury, and pain and suffering damages arising from a physical injury. Punitive damages, however, are typically taxable.
Tax law is complex and individual circumstances vary — we strongly recommend consulting a tax professional or CPA before the conclusion of your case so that your settlement structure, if possible, is designed with tax efficiency in mind. We can work with your tax advisor to help structure the recovery appropriately.
A medical lien is a legal claim by a health insurer, hospital, or government program against your personal injury or malpractice recovery. If your health insurer paid for treatment related to the injury you're claiming, they generally have a right of subrogation — meaning they can seek reimbursement from your settlement proceeds. Medicaid and Medicare have similar but more strictly regulated reimbursement rights.
Negotiating down medical liens is an important part of maximizing your net recovery. We work proactively to identify all outstanding liens early in the case and negotiate reductions where possible. A skilled attorney can often reduce lien amounts significantly — which directly increases what you take home from the recovery.
A Medicare Set Aside (MSA) arrangement is a financial account established from settlement proceeds to pay for future medical treatment related to the injury — in cases where that treatment would otherwise be covered by Medicare. Federal law requires that Medicare's interests be protected in settlements involving Medicare beneficiaries or individuals who are likely to become Medicare-eligible.
Failure to properly account for Medicare's interests can result in Medicare refusing to pay future medical bills or seeking repayment from you directly. We address Medicare Set Aside requirements in every case where they apply to ensure your settlement is properly structured and protects your future access to Medicare benefits.
Do not accept any settlement offer without first consulting an attorney — especially in cases involving serious injury. Insurance companies make early settlement offers precisely because they know the full extent of your damages may not yet be apparent. Once you accept and sign a release, you cannot go back for more compensation even if your condition worsens significantly or new injuries emerge.
A fair settlement must account for all past and future medical expenses, all lost income including future earning capacity, all pain and suffering, and any long-term care or permanent disability. These figures require expert analysis — a life care planner for future care, an economist for lost earnings, and medical experts to fully assess permanency. An early offer almost never reflects this full picture. A consultation with us is free — we can evaluate the offer and advise you before you make any decision.
Yes — Iowa uses a modified comparative fault system. You can recover damages as long as your share of fault is 50% or less. Your recovery is reduced proportionally by your percentage of fault. For example, if you were found 20% at fault and your total damages were $100,000, you would recover $80,000.
However, if you are found to be 51% or more at fault, you are barred from recovery entirely under Iowa's 51% rule. Defense attorneys routinely argue that injured plaintiffs share some fault — this is a reason to have experienced legal representation rather than navigating a claim alone.
You have a legal right to copies of all your medical records under the HIPAA Privacy Rule. You can request them directly from each provider's medical records department — most have a standard authorization form. Providers are typically required to respond within 30 days. There may be a reasonable copying fee.
If you retain us, we handle obtaining your complete medical records as a standard part of case intake. We know exactly what to request, how to ensure nothing is omitted, and how to identify when records appear incomplete or altered. For time-sensitive cases, we can expedite record requests.
The defense is generally entitled to medical records relevant to the claims in your case — and they will use the discovery process to request them. The scope of what is discoverable is a legal question that depends on what you are claiming and what your prior medical history involves. A pre-existing condition that is directly relevant to the injury being claimed is typically discoverable; unrelated medical history generally is not.
Defense attorneys routinely seek broad access to medical history hoping to find pre-existing conditions they can use to argue your current condition predates the defendant's negligence. We work to limit discovery of irrelevant records while ensuring we disclose everything we're required to.
It depends on what was said and whether it constitutes an admission of fault versus an expression of sympathy. Iowa, like many states, has an apology law (Iowa Code § 622.31) that protects certain expressions of sympathy or condolence from being used as admissions of liability — statements like "I'm so sorry this happened" may be protected. However, statements that go further and acknowledge fault — "we made an error," "the wrong procedure was performed" — may be admissible and relevant.
If a provider said something specific to you after your injury, document it as accurately as possible and tell us about it. What was said, by whom, and in what context matters significantly in evaluating whether it can be used as evidence.
No. Informed consent forms acknowledge that you accepted the known risks of a procedure — they do not give healthcare providers permission to be negligent. The standard of care still applies regardless of any consent form you signed. A consent form covers inherent risks of a procedure performed correctly; it does not cover a surgeon performing the wrong procedure, leaving a foreign object inside a patient, operating on the wrong site, or deviating from accepted technique.
Defense attorneys sometimes try to use consent forms to imply you accepted any outcome. This argument has significant legal limitations. If you signed a consent form and believe something went wrong that was beyond the scope of the known risks you consented to, do not assume the consent form eliminates your claim — contact us for an evaluation.
Do not sign anything until you have spoken with an attorney. Hospitals and their risk management departments sometimes approach patients or families shortly after an adverse event while they are still emotionally distressed. Documents presented in these circumstances sometimes include releases of liability — which could permanently eliminate your right to bring a legal claim.
You have no legal obligation to sign anything presented to you by a hospital's risk management or administrative staff after an injury. If anyone is pressuring you to sign documents, tell them you want to review the documents with an attorney first. Contact us immediately — this is an urgent situation.
No. Social media posts are routinely reviewed by defense attorneys and insurance adjusters in personal injury and malpractice cases. A photo of you at a social event, a post about a family trip, or even a comment about feeling better can be taken out of context to undermine your claims about the severity of your injuries or their impact on your life.
Once you have an active legal claim or are considering one, the safest approach is to avoid posting anything related to your injury, your health, your activities, or your case. Review your privacy settings, but understand that private posts are not necessarily safe — they can still be subpoenaed in some circumstances.
Court filings are generally public records, which means your name and the basic facts of your lawsuit could be accessed by the public or media. However, the vast majority of civil cases — including malpractice suits — receive no media attention whatsoever. High-profile verdicts like the $19.8 million Mayo Clinic case may attract press attention, but routine filings do not.
In some circumstances, particularly sensitive information can be filed under seal with the court's permission, limiting public access. If privacy is a significant concern for you, discuss it with us early — there may be ways to address it in how your case is structured or how sensitive information is handled in filings.
A wrongful death claim is a lawsuit brought on behalf of the survivors of a person who died as a result of someone else's negligence or wrongful act. In Iowa, wrongful death claims are brought by the administrator of the deceased's estate on behalf of the surviving beneficiaries — typically the spouse and children, or if none, the parents.
Recoverable damages in an Iowa wrongful death case include the financial support the deceased would have provided, the reasonable value of services they would have contributed to the household, funeral and burial expenses, medical expenses incurred before death, and the loss of companionship and consortium suffered by surviving family members. There is no cap on economic damages in Iowa wrongful death cases.
Loss of consortium is a category of damages available to the spouse of a seriously injured or deceased person, compensating for the loss of the relationship's benefits — companionship, affection, support, and the marital relationship. In Iowa, a spouse can bring a loss of consortium claim in connection with the injured party's primary malpractice or personal injury claim.
In cases involving catastrophic injury — permanent disability, severe neurological damage, or death — loss of consortium can represent a meaningful component of the total recovery. In the $19.8 million Mayo Clinic verdict, $4 million of the award was allocated to the injured client's husband for his loss of consortium claims.
Yes. Having received treatment through Medicaid or Medicare does not prevent you from filing a personal injury or malpractice claim. However, both programs have mandatory reimbursement rights — if they paid for treatment related to your injury, they are entitled to be reimbursed from your settlement proceeds. Medicaid's right to reimbursement is governed by both federal and Iowa law and requires careful handling. Medicare's rights are governed by the Medicare Secondary Payer Act, which has strict compliance requirements.
Properly handling Medicaid and Medicare liens is a specialized skill that significantly affects your net recovery. We manage this process as part of every case where it applies.
Bankruptcy by a defendant complicates but does not necessarily eliminate your claim. In most cases, liability insurance policies are not considered assets of the bankruptcy estate — meaning you may still be able to recover against the defendant's insurance policy even if the defendant themselves has filed for bankruptcy. The specific outcome depends on the type of bankruptcy filed, whether insurance exists, and the procedural posture of your case.
In medical malpractice cases, individual providers are rarely the primary defendant — the hospital or healthcare system they worked for typically carries the relevant insurance and is the more important defendant in any event. Contact us if you are concerned about a defendant's financial situation — it may be less of an obstacle than you think.
Iowa follows a modified comparative fault system under Iowa Code § 668.3. Under this rule, fault is apportioned among all parties — you can recover damages even if you were partially at fault, as long as your share of fault does not exceed 50%. Your recovery is reduced by your percentage of fault. If the jury finds you 51% or more at fault, you recover nothing.
In medical malpractice cases, comparative fault is less commonly argued against patients — it's harder to claim the patient caused their own surgical error. In motor vehicle cases it is much more commonly contested. Defense attorneys often argue that a plaintiff contributed to their own injury to reduce the damages they must pay, making it important to have representation that can effectively counter those arguments.
The Iowa Tort Claims Act (Iowa Code Chapter 669) governs claims against the State of Iowa and its agencies — including the University of Iowa Hospitals and Clinics (UIHC), the Iowa Department of Transportation, and other state entities. Unlike claims against private parties, claims against the state require specific procedures including a formal administrative notice of claim that must be filed within 60 days of the incident.
This 60-day deadline is significantly shorter than Iowa's general two-year statute of limitations and is easy to miss — particularly when a patient is still receiving treatment and may not yet realize they have a viable claim. Missing it can permanently bar the claim regardless of its merit. If your injury involved any state-operated facility or employee, contact an attorney immediately.
Yes, meaningfully so. Minnesota also uses a modified comparative fault system but with a 51% bar (same as Iowa). Key differences include: Minnesota's medical malpractice statute of limitations is four years from the date of the act or omission (longer than Iowa's two years); Minnesota does not have a separate certificate of merit requirement before filing, though expert testimony is still required at trial; and Minnesota's non-economic damage caps and specific procedural rules differ from Iowa's.
Minnesota also does not have the same Iowa Tort Claims Act 60-day notice requirement for state facilities — claims against the University of Minnesota Medical Center follow different procedures. If your injury occurred in Minnesota, the applicable rules may be more favorable in certain respects. Contact us to discuss which state's law applies to your situation.
Detailed FAQs about medical malpractice procedures, birth injury law, motor vehicle claims, and Iowa’s specific legal requirements are covered in depth on each practice area page. Follow the links below to find answers specific to your situation.
Iowa statute of limitations, certificate of merit, damages caps, UIHC 60-day notice, and more.
Workers’ comp, premises liability, wrongful death, and other injury claim specifics.
What qualifies as a birth injury, HIE explained, Iowa’s 10th birthday exception, lifetime care costs.
What to do after a crash, Iowa’s two-year SOL, underinsured motorist coverage, trucking cases.
The information on this website is for general informational purposes only and is not intended as legal advice. You should consult a qualified attorney regarding your specific situation.
Contacting Hixson & Brown, P.C. by phone, email, or contact form does not create an attorney-client relationship. Such a relationship is only established through a signed engagement letter.
Please do not send confidential or sensitive information until an attorney-client relationship has been formally established. Information sent prior may not be protected by attorney-client privilege.
Every case is different. Prior results do not guarantee a similar outcome in your case.
Questions? Call (515) 222-2620
