Iowa Cerebral Palsy Lawsuit Filing Process

Fact Checked

The Iowa cerebral palsy lawsuit filing process may seem complicated, but if your child was injured because of medical mistakes, an experienced Iowa cerebral palsy lawyer can help. It’s always a good idea to know the basics of the process, whether you need to file a lawsuit over medical malpractice or disability rights violations or discrimination.

What Kind of Lawsuit Can I File for My Child’s Cerebral Palsy?

In Iowa, you can file a lawsuit over the medical negligence you believe caused or contributed to your child’s cerebral palsy or any discrimination your child has faced in school, public access, or housing for your family.

Medical Malpractice

If your child was diagnosed with cerebral palsy, you might have reason to believe the diagnosis resulted from a doctor’s mistakes. If a medical professional made a mistake that contributed to cerebral palsy, you could file a medical malpractice lawsuit.

The filing process includes proving that the medical professional failed to provide an adequate standard of care and that this failure resulted in disabilities.

Negligent medical care can lead to birth injuries, such as brain damage, that causes cerebral palsy and resulting disabilities. Examples of negligent care that could be considered medical malpractice include failure to monitor fetal distress or delaying a C-section to deliver a baby in distress.

Discrimination and Disability Rights

Disabilities present children and adults with challenges, but discrimination or denial of rights should not be among them. Federal laws, such as the Americans with Disabilities Act, and state laws in Iowa outlaw discrimination based on disability in housing, education, and public access.[1]

If your child is being discriminated against because of a disability, you can file a complaint with the right state or federal agency or file a civil lawsuit.

Filing a Cerebral Palsy Medical Malpractice Lawsuit in Iowa

Understanding the process and the steps for filing a medical malpractice lawsuit in Iowa can make you feel better about going forward:

• Statute of limitations. First, understand that there is a time limit for filing a malpractice lawsuit. In Iowa, you cannot file a medical malpractice lawsuit more than two years after discovering a medical professional was negligent and no more than six years after the incident happened. Children under the age of eight at the time of the negligent action have until their tenth birthday to file.[2]
• Damages. Before filing, you should discuss damages with your lawyers. This will help you understand the amount of compensation you can receive for your child. Iowa caps non-economic damages at $2 million against a hospital and $1 million against independent clinics. The cap, signed into law in 2023, is controversial because it limits damages even in the most severe cases of injury and impairment.[3] For economic losses, you can refer to all past, current, and future expenses related to your child’s condition.
• Affidavit of merit. In Iowa, you must file an affidavit of merit before proceeding with a malpractice lawsuit. This document, signed by a medical expert, certifies your case has value and is not frivolous.[4]
• You are filing the complaint. You can begin the actual lawsuit once your lawyer has sent in the affidavit. Your lawyer will now send a detailed complaint to the defendants. This contains all the information about the negligent incident. Defendants must respond to it in a certain amount of time.
• Investigations. With all sides notified, both your lawyer and the defendant’s lawyers will investigate the incident, collect information and evidence, find expert witnesses, and conduct depositions.
• Settlement negotiations. With investigations concluded, your lawyer will meet with the other legal team and try to negotiate a settlement on your behalf. If this process fails, you will go to trial.
• Trial in court. If you do have to go to court, it will be up to a jury to determine if negligence occurred and, if so, how much you are owed in damages. Your lawyer will present all the evidence and make a case to award your child damages.

Family Wins Record $98 Million in Iowa Cerebral Palsy Lawsuit

Kathleen Kromphardt gave birth to her son Scotty at Mercy Hospital in Iowa City in 2018. There were signs of fetal distress soon after she was admitted. Ultimately, the baby suffered a loss of oxygen, resulting in brain damage and cerebral palsy.

In the lawsuit, the family’s lawyers argued successfully that the staff did not adequately respond to fetal distress. If they had begun a C-section sooner, Scotty would not have received the injuries that led to lifelong disabilities.

The jury awarded Scotty and his family a record-setting verdict of $98 million.[5]

Filing a Cerebral Palsy Discrimination Case in Iowa

Iowa allows for both private legal action, that is, filing a lawsuit, and the complaints process through government agencies as ways to resolve situations involving discrimination.

Your lawyer can help you decide what process to begin if your child struggles because of discrimination or a violation of rights based on disability.

Most cases go through the Iowa Civil Rights Commission (ICRC). The ICRC takes complaints about discrimination in education, housing, public accommodations, employment, and credit.[6]

Your child and family may face issues with the first three.

To begin the process, you must file a complaint with the ICRC. Your lawyer and the officials there will be able to help you go through all the steps of trying to come to a resolution with the person or organization that is discriminating.

You may not ultimately be happy with the decision of the ICRC, which is a neutral law enforcement agency. If not, you can file a private lawsuit and go through the process of trying to recover damages that way.

How to Find an Iowa Cerebral Palsy Lawsuit for the Filing Process

Filing a lawsuit for any reason is difficult if you don’t have a law degree. While anyone has the right to represent themselves, make the process more comfortable, and have a better chance of a successful outcome for your child, let an experienced Iowa lawyer help you.

What you need in legal representation is a lawyer or a law firm specializing in the kind of case you want to file, for instance, medical malpractice or disability rights. You can check with the state bar association to find someone who is in good standing and has the right specialty area.

Also, consider asking around with other parents of disabled children and local groups that work with and advocate for disabled community members.

As you search for the right Iowa cerebral palsy lawyer to work with your family, remember that this professional will guide you for many months or even years.

Make sure you feel comfortable with the lawyer you choose. They should be compassionate and understand how to work with families like yours.

With this lawyer guiding you, filing and following through with a lawsuit will be much easier.