Practice Area: Medical Professionals

Iowa Supreme Court Clarifies Requirements for Expert Witnesses in Medical Malpractice Cases

January 5, 2024

In 2017, the Iowa legislature amended several provisions of the Iowa Code related to medical malpractice, including §147.139, which now requires expert witnesses in a medical malpractice case to meet more stringent qualifications to be able to testify. One of those requirements is that the proposed expert “is licensed to practice” medicine. Since amendment, the […]


May 17, 2022

The plaintiff was hospitalized to treat her prolonged dizziness. While medicated, she stood up and fell in her hospital room, suffering injuries. She sued the hospital, several physicians, and other healthcare providers involved in her treatment, alleging their “professional negligence” caused her injuries. The defendants filed a motion to dismiss on the grounds that the […]

Iowa Supreme Court Affirms Lower Court’s Ruling on Experts in Medical Malpractice Action

February 7, 2022

This medical malpractice action arises from a stroke the plaintiff experienced following a surgery performed by Dr. Otoadese. After the plaintiff suffered the stroke, he was seen by Dr. Bekavac for a second opinion regarding his condition and whether he would have recommended the initial surgery. Dr. Bekavac also asked Dr. Halloran for his opinion […]

Iowa Supreme Court Issues Ruling on Appeal Deadline

May 5, 2021

A mother whose son developed disabling injuries from bacterial meningitis brought an action for medical negligence against the physicians, and their employers, who treated her son. Various Defendants entered settlement agreements with the mother. Two physicians and an employer of one physician went to trial. The jury issued a verdict in their favor, finding the […]

Iowa Court of Appeals Affirms District Court’s Preclusion of Treating Doctor’s Opinion

Plaintiff Mengwasser’s sued Joseph Comito and Capital City Fruit Company following a 2015 car accident. The jury awarded damages for past pain and suffering and past loss of function, but awarded no damages for future medical expenses, future pain and suffering, future loss of function or future loss of earning capacity. The district court limited […]

Iowa Legislature Addressed PEXA rule

June 22, 2020

The Iowa legislature has revised the”PEXA” rule established in Pexa v. Auto Owners Insurance Co., 686 N.W.2d 150 (Iowa 2004). The Pexa case provided that a jury, in personal injury cases, could consider both the charged amount and the actual amount of past medical bills paid when determining how much to award for past medical expenses. Senate File 2338, […]

Iowa Adopts “Contradictory Affidavit Rule” and Holds Conceived, Yet Unborn Child Has a Claim for Parental Consortium

May 9, 2016

Plaintiffs appealed from a district court decision granting summary judgment to defendant medical providers, contending the district court erred in concluding the plaintiffs’ wrongful death and loss of consortium claims were time-barred. Decedent Paul Gray was receiving medical care from Defendant Dr. Baldi, an addiction medicine and pain management specialist. Dr. Baldi was aware of […]

Iowa Supreme Court to Hear Oral Argument in Special Evening Session

February 10, 2016

On February 16, 2016, at 7:00 p.m. the Iowa Supreme Court will hear oral arguments in the case The Estate of Paul Dedrick Gray, et al. v. Daniel J. Baldi, et al. during a special evening session open to the public in the Supreme Court courtroom. The case stems from litigation involving Dr. Daniel Baldi.  […]

Cook and Zenor Successfully Restore Bauder Pharmacy to its Former Glory as a Full Service Pharmacy on Ingersoll

June 25, 2015

Mark Graziano, a former proprietor at Bauder, was sentenced last fall to two years in jail for that Hydrocodone diversion.  After noticing the diversion, the Board revoked Bauder’s controlled substance (CS) license. Guy Cook and Adam Zenor presented Bauder’s case yesterday before the Iowa Board of Pharmacy (IBOP) and argued the time to restore Bauder’s […]