Galligan LawGalligan Law2026-08-28T14:25:26Zhttps://www.galliganlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503744/2020/12/cropped-galligan-site-icon-32x32.pngOn Behalf of Galligan Law<![CDATA[Can leaving the hospital too soon lead to malpractice?]]>https://www.galliganlaw.com/?p=525062026-08-28T14:25:26Z2026-08-28T14:00:23ZWhen sending you home may be improper
If your health gets worse after discharge, that alone does not prove malpractice. What matters is what your medical team knew when it decided to send you home.
Your symptoms or test results may have shown that you still required treatment or close monitoring. If your provider discharged you despite signs that showed you still required care, the decision could fall below the standard expected of a reasonably careful provider.
Your medical chart can show what your care team knew before you left. In an Iowa malpractice case involving an early discharge, qualified medical professionals generally provide testimony about the standard of care and whether your provider failed to meet it.
How an early discharge may cause harm
A malpractice claim also requires a link between the early discharge and your injury. The discharge must have caused harm rather than simply happened before your health became worse.
You may have developed a serious problem that hospital monitoring would have caught sooner. A delay in diagnosis or treatment could then allow the problem to worsen at home. Records from later care may help show when your health declined and what further treatment you received.
Keeping useful records
You may want to keep your discharge instructions and records from any later medical care. Consider writing down when your symptoms got worse and when you returned for treatment. Keeping this information together may help you create a timeline and better understand what happened as you decide on your legal options.]]>On Behalf of Galligan Law<![CDATA[Stay alert for deer on Iowa roads this fall season ]]>https://www.galliganlaw.com/?p=525042026-08-27T13:02:52Z2026-08-27T13:02:52ZWhy collision numbers rise during autumn
A 2023 transportation research project found that more than 7,300 animal crashes occur across Iowa each year. Most involve white-tailed deer, while animal collisions account for about 13.5% of all reported motor vehicle crashes. Researchers estimated that about 40% of deer crashes do not appear in law enforcement reports.
In addition, a separate 2025 report ranked Iowa seventh among the 10 states with the highest likelihood of animal collisions, with estimated odds of 1 in 76. That danger often increases during the fall breeding season. According to the Department of Natural Resources, bucks become more active while pursuing does from mid-October through the third week of November. Crop harvesting also drives deer toward smaller areas of cover near roads.
Tips for safer autumn travel
Changing a few driving habits can give you additional time to spot a deer and respond safely. Helpful precautions include:
Reduce your speed. A slower pace usually allows you more time to brake if an animal enters your path.
Watch both roadsides. Scan from one ditch to the other, especially near wooded areas, fence lines and streams.
Stay cautious after dark. Deer are often active around dawn and dusk. Use high beams when traffic conditions allow, and watch for eyes reflecting your headlights.
Expect another deer. One animal may be followed by others. Continue slowing down after the first one crosses.
Brake without swerving. If a deer appears ahead, apply firm pressure to the brakes and keep your vehicle straight. A sudden turn could send you into opposing traffic or a fixed object.
After a serious collision, state reporting requirements may apply. If the collision causes injury or death, you must notify law enforcement immediately. You also have 72 hours to submit a written report when the crash causes injury, death or at least $1,500 in apparent total property damage, unless a law enforcement agency investigates it.
Responding carefully after a crash
An animal strike may leave you in shock and unsure about liability and insurance coverage. If you can do so safely, move away from traffic, call law enforcement and document the scene without approaching the deer.
Medical records and photographs may preserve evidence of your injuries, vehicle damage and financial losses. With those materials, legal guidance can help you assess your rights, applicable insurance provisions and possible sources of compensation.]]>On Behalf of Galligan Law<![CDATA[Who can be held liable for medical malpractice?]]>https://www.galliganlaw.com/?p=524912026-08-05T03:50:22Z2026-08-05T03:50:22ZDoctors, surgeons, and specialists
Attending physicians, surgeons, and specialists such as cardiologists, anesthesiologists, and oncologists are the most direct targets of malpractice claims. These professionals owe patients a duty to meet the accepted standard of care within their medical specialty. A specialist is held to the standard of a reasonably competent practitioner in that specific field, which accounts for the advanced training and expertise the specialty requires. Liability typically arises from surgical errors, misdiagnoses, delayed diagnoses, or improper treatment decisions.
Hospitals and healthcare facilities
Hospitals can face liability under two distinct legal theories. Under the respondeat superior doctrine, a hospital is generally responsible for the negligence of staff physicians, nurses, and employees who cause harm within the scope of their employment. Under direct corporate negligence, a hospital can also be sued independently for negligent credentialing, inadequate staffing, or failure to maintain safe surgical environments and functional equipment.
Nurses and support staff
Nurses, physician assistants, nurse practitioners, radiology technicians, and other clinical staff play an important role in daily patient care. If a nurse administers the wrong medication, fails to monitor vital signs, or does not escalate a patient's worsening condition to the attending physician, both the individual and the employing facility can face liability.
Independent contractors
Many physicians, emergency room doctors, and radiologists work at hospitals as independent contractors rather than employees. Facilities sometimes use this distinction to argue against liability. Under the apparent agency doctrine, though, a hospital can still be held responsible if a reasonable patient would have assumed the provider was an employee of the facility.
Pharmacists and product manufacturers
Medical errors also occur outside the hospital. Pharmacists face liability when they misfill prescriptions, dispense incorrect medications, or fail to identify dangerous drug interactions. When an injury stems from a defective surgical device, a malfunctioning implant, or a contaminated drug, the manufacturer or supplier may face a strict liability claim under product liability law.
Understanding Iowa's procedural requirements
State law requires plaintiffs in medical malpractice cases to file a certificate of merit affidavit signed by a qualified expert within 60 days of filing the petition. Meeting this requirement and identifying all responsible parties from the outset are both essential to protecting the claim. If you believe a medical error caused you harm, a medical malpractice attorney in Iowa can help you evaluate your options and build a complete case.]]>On Behalf of Galligan Law<![CDATA[What to do if you suspect someone is experiencing nursing home abuse]]>https://www.galliganlaw.com/?p=524902026-07-16T20:18:23Z2026-07-09T13:05:46ZUnderstanding the duty to report in Iowa
This legal duty helps protect dependent adults in Iowa. The law defines this abuse broadly. It includes many forms of harm, such as:
Physical injury
Confinement without reason
Sexual offenses
Financial exploitation
These laws are a key defense for victims who cannot speak for themselves. They create a formal way for state agencies to step in.
Who is a mandatory reporter?
Iowa law names certain workers who are likely to see signs of abuse in their jobs. The law requires these people to report their concerns. Failing to do so can lead to penalties. A person required to report who knowingly fails to do so commits a simple misdemeanor. People who must report in Iowa include:
Doctors, nurses, dentists and other health workers
Social workers and mental health staff
Staff at care homes, hospitals and assisted living centers
Police officers
Certified public accountants
These reporters must deliver an oral report to the Iowa Department of Health and Human Services. They must do this within 24 hours if they suspect abuse. The report should give key facts to help an investigation, such as:
The adult's name and address
Facts about the suspected abuse
Any other relevant details
This process starts an official review by the state.
How family members can report suspected abuse
The law does not require family and friends to report abuse. But what they see is just as important. Anyone who thinks an elder is being abused should report it. You can file a report with the Iowa Department of Health and Human Services. You can also contact the Office of the Long-Term Care Ombudsman. When you make a report, be ready to give clear details about your concerns, such as:
Dates and times
Descriptions of injuries
Changes in behavior
These details strengthen the report and aid the investigation.
The importance of following reporting procedures
Following the right steps is key to stopping harm. It also helps hold people to account. Iowa's laws create a clear path for a review. This protects the health and dignity of older adults. You may have a legal duty to report. You may also act out of concern for a loved one. In either case, speaking up gives a voice to those who cannot speak for themselves. This lets the right people fully review every claim of abuse.]]>On Behalf of Galligan Law<![CDATA[What are the long-term effects of a serious car accident injury? ]]>https://www.galliganlaw.com/?p=524882026-06-29T10:16:36Z2026-06-29T10:15:18ZA severe car crash alters your life in a single second and immediate physical trauma requires urgent medical care. However, the long-term effects create permanent challenges for victims. Learning about these lasting consequences helps you prepare for the road ahead.
Chronic physical pain
Severe injuries like whiplash, joint fractures or spinal damage leave victims with permanent discomfort. This ongoing pain limits daily movement, restricts your ability to perform basic tasks and reduces your quality of life.
Traumatic brain injuries
Violent head impacts cause lasting mental issues that disrupt daily routines. Accident victims frequently experience memory loss, trouble concentrating and severe headaches. These issues impair their ability to keep a job or finish school.
Deep emotional distress
The extreme trauma of a sudden vehicle crash triggers lasting emotional scars. Many survivors develop intense driving anxiety, severe depression or sudden panic attacks. These symptoms return when they attempt to ride in a motor vehicle again.
Post-traumatic stress disorder
Mental health struggles following a major collision often manifest as severe PTSD. Victims suffer from vivid flashbacks, bad night terrors and constant emotional exhaustion. This heavy burden strains personal relationships and limits social activities.
Mounting financial burdens
Ongoing medical care, physical therapy and lost wages quickly ruin financial stability. Iowa statutes utilize a modified comparative fault rule. Under this law, any shared blame for the crash directly reduces your monetary recovery.
Protecting your financial future
Dealing with the aftermath of a car accident can be overwhelming. Insurance companies routinely try to minimize claim payouts and even exploit the state’s shared fault laws to avoid paying the compensation you deserve. A dedicated advocate stands by your side during this difficult time, listens to your story, and fights for your complete recovery. This committed legal representation secures the financial support you need for your lifelong hardships, allowing you to focus on healing your body and finding peace of mind.
]]>On Behalf of Galligan Law<![CDATA[What the 2026 Supreme Court ruling means for wrongful death ]]>https://www.galliganlaw.com/?p=524732026-05-18T18:54:53Z2026-05-18T18:52:48ZA unanimous decision earlier this year by the Iowa Supreme Court serves as a cautionary tale for those considering a wrongful death lawsuit – or any kind of lawsuit where there are statutes of limitations involved.
It’s never a good idea to wait until the deadline is approaching. Evidence can be lost or destroyed, and witnesses can disappear, die or simply forget what happened. Further, as in this case, any dispute about when the “clock” started on the statute of limitations can potentially lead to the case being dismissed, regardless of the merits.
The case before the court
The case before the state’s high court involved the death of a woman due to complications from an injury suffered in an Ottumwa hospital, where she had undergone knee replacement surgery. The woman’s doctor failed to detect that she had fractured her knee when a nurse fell on her while helping her to the restroom. It wasn’t until she further injured the fractured knee in another fall at the hospital that the original fracture was diagnosed.The fracture caused fatty deposits (emboli) to go into her bloodstream, which caused “acute respiratory failure with hypoxia due to pulmonary embolism and fall.” She was moved to a different hospital, where her condition worsened and she passed away.
Did the statute of limitations clock restart upon death?
The woman’s estate filed a medical malpractice wrongful death suit exactly two years following her death. The defendants argued that the statute of limitations expired two years from the date she first complained of knee pain two weeks prior and the fracture wasn’t diagnosed, despite the fact that it was x-rayed or at most a few days later.The lower court ruled for the defendants, agreeing with their argument that the suit was filed after the statute of limitations expired. The high court was asked to determine whether the statute of limitations “clock” continued running from the date she and her family knew or should have known of the injury that eventually led to her death or if it “restarted” upon her death.
“Derivative” wrongful death claims
The justices stated in their ruling that under Iowa law, wrongful death claims are “derivative.” That means if the injury and the cause of the injury are known while a person is still alive, the clock doesn’t restart when they die. Thus, the court agreed with the lower court’s decision that the suit was “time-barred.”In most cases, it’s not necessary to wait close to two years to take action to hold another party liable for a wrongful death or any kind of injury and risk having a valid case be dismissed, as this one was. If you believe you may have a wrongful death case, the best thing to do is get legal guidance as early as possible to seek justice and compensation.]]>On Behalf of Galligan Law<![CDATA[Motorcyclists beware: These risks make you vulnerable on the road]]>https://www.galliganlaw.com/?p=524662026-05-11T15:25:27Z2026-05-11T15:25:27ZYou see motorcycles sharing the road with cars and trucks every day during Iowa's riding season. Motorcyclists have the same rights to use public roads as any other driver. However, riders face unique dangers that car drivers never face. These dangers help explain why motorcycle crashes so often result in serious injuries or death.
Why motorcycles offer less protection than cars
The physical differences between motorcycles and cars create serious safety problems that leave riders exposed. Common examples include:
No protective barrier: Cars surround people with steel frames, airbags and safety features while motorcyclists have nothing between their bodies and the road or other vehicles.
Smaller size: Motorcycles take up less space and other drivers often miss seeing them in traffic, creating blind spots on the road.
Less stability: Two wheels can lose balance from road hazards like potholes, gravel or debris that cars drive over without problems.
Weather exposure: Rain, wind and temperature affect how motorcycles handle and how well drivers can see riders.
Even small crashes that cause tiny dents in cars can throw motorcyclists from their bikes and cause serious harm.
How other drivers create risks for motorcyclists
Many motorcycle crashes happen because car and truck drivers fail to watch for riders on the road. Drivers turn left in front of approaching motorcycles because they never saw the bike coming. Others change lanes directly into motorcycles because they did not check blind spots well enough. Following too close gives drivers no time to stop when motorcyclists hit the brakes. Distracted driving becomes even more dangerous when drivers miss seeing smaller vehicles like motorcycles.Motorcyclists can ride carefully and wear helmets and protective gear but they cannot control careless drivers around them. Iowa law holds careless drivers responsible when their actions cause motorcycle crashes. Legal help allows injured riders to get payment for the serious harm that happens when larger vehicles hit vulnerable motorcycles.]]>On Behalf of Galligan Law<![CDATA[When even those who feel fine should see a doctor after a crash]]>https://www.galliganlaw.com/?p=524612026-04-20T22:47:19Z2026-04-20T22:47:19ZDelayed diagnosis creates many issues
The reason that people feel normal or even better than usual after a car crash is the adrenaline produced as part of the body's stress response. The chemical reaction to a serious incident can provide a surge of energy and hide painful symptoms. People may feel normal for hours after a crash, only to wake up the next morning in debilitating pain because the adrenaline wore off while they were asleep.
Some of the worst injuries associated with car crashes do not produce immediate symptoms. Someone with internal bleeding caused by their seat belts or impact with the steering wheel may feel a little tenderness in their abdomen but may not realize the extent of their injuries for days.
People with brain injuries or stable fractures might not have any immediate symptoms, but their conditions may worsen without treatment. The possibility of a condition progressing is one reason to see a doctor as soon as possible after a crash.
The other issue with a delayed diagnosis is the possibility of controversy regarding injury compensation claims. Insurance companies and lawyers representing the party at fault for the crash may highlight the gap between the collision and the first medical appointment attended by the injured person.
The longer the gap, the easier it may be to convince jurors that the crash didn't cause the injuries or that the delay in treatment is one of the reasons for symptom severity. Doctors can ask diagnostic questions and order imaging tests that can validate the presence of internal injuries. Prompt treatment can improve a patient's prognosis and make it easier for them to request financial compensation for their losses later.
Consulting with an attorney when a car crash has caused serious injuries can also be beneficial. Those injured in collisions may be able to file insurance claims or personal injury lawsuits to recoup their collision-related expenses.]]>On Behalf of Galligan Law<![CDATA[What times of the day do most car accidents occur in Iowa?]]>https://www.galliganlaw.com/?p=524602026-03-25T16:50:12Z2026-03-25T15:46:45ZThe dangerous afternoon rush
The statistics reveal a clear trend: the "danger zone" on Iowa roads begins in the early afternoon and lasts until sunset. This time frame coincides with school dismissals and the end of the traditional workday.
Government data shows that crashes start to climb significantly at 2:00 PM, which has seen 36,481 accidents. As the afternoon progresses, the numbers rise even higher. During the 3:00 PM hour, Iowa saw 48,318 crashes. The 4:00 PM hour remains just as risky, with 47,378 reported incidents.
The most dangerous hour of the day
The most dangerous hour of the day for Iowa drivers is 5:00 PM. During this single hour, 50,953 crashes occurred. This peak is likely due to thousands of commuters being tired, stressed and rushing home all at the same time. The danger starts to fade slightly after 6:00 PM, but the roads still saw 36,169 crashes during that time. These five hours alone account for a massive portion of all traffic incidents in the state.
Navigating the aftermath of a car accident
Even if you are a careful driver, the high volume of traffic during these peak hours increases your risk of a collision. When an accident happens, the legal process becomes complicated very quickly.
Seeking help from a legal professional is often a smart move because insurance companies may try to settle for less than you deserve. Attorneys understand Iowa traffic laws and can help you gather evidence, speak with insurance adjusters and pursue fair payment for vehicle repairs or medical bills.]]>On Behalf of Galligan Law<![CDATA[Who is responsible for your commercial vehicle accident?]]>https://www.galliganlaw.com/?p=524572026-03-05T08:23:45Z2026-03-09T07:21:16ZHolding a truck driver liable
Under the legal doctrine of respondeat superior, Iowa employers can be liable for the negligence of their employees who are on duty. You may file a personal injury claim against the company’s insurance policy, but understand that your payout depends on the state’s modified comparative fault system.
You can recover compensation as long as you are not more than 50% responsible for the crash. However, your total payout is reduced by your percentage of fault. It is important to note that you must act quickly, as the statute of limitations for personal injury claims is two years from the accident.
Declaring a government entity responsible
The landscape shifts for accidents involving government vehicles. If a city-owned bus hits you while crossing the street, you can sue for driver negligence.
To sue a government entity, you may need to first file an administrative claim with the State Appeal Board or the relevant local body. These often have much shorter windows than the two-year lawsuit deadline. If your claim is against the State of Iowa, you generally cannot file a lawsuit until the State Appeal Board disposes of your claim or six months have passed since you filed your administrative claim.
Exercising your right to recover losses
Commercial drivers must exercise reasonable care at all times. Because they operate heavy vehicles, the reasonable standard often necessitates stricter safety protocols and adherence to federal regulations. Neglecting this expectation can make them liable for the damages they have caused.
If you are involved in an accident with a commercial driver, ensure to document the collision. Seek immediate medical attention to build a paper trail that connects your injuries to the incident. While you can face this alone, it would be wise to seek guidance from a personal injury attorney. They can offer advice on handling a trucking company’s insurance and drafting a Notice of Claim.]]>