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About Ted Appel

Theodore (Ted) Appel is an associate litigation attorney with Lamson Dugan & Murray’s West Des Moines Office. Ted was a law clerk for Chief Justice Susan L. Christensen of the Iowa Supreme Court during the 2021-22 term. As a law clerk, he drafted opinions and conducted research memorandum on criminal, civil, and attorney disciplinary issues.
14 Feb, 2024

Iowa Supreme Court Issued a Unanimous Opinion Indicating a Certificate of Merit Affidavit is Not Required for a Negligent Retention Claim

2024-02-14T10:18:49-06:00February 14th, 2024|Latest News, LDM MedMal Forum|

The Iowa Supreme Court recently issued a unanimous, but narrowly written, opinion involving Iowa Code section 147.140, commonly known as the certificate of merit affidavit statute, on February 9, 2024 named Jorgensen v. Smith et. al. The main issue on appeal was whether a plaintiff needs to provide a timely certificate of merit affidavit from a qualified expert to attest that an entity was negligent in retaining medical [...]

1 May, 2023

Iowa Supreme Court to Clarify Certificate of Need Requirement

2023-05-05T12:45:38-05:00May 1st, 2023|Appealing Litigation, LDM MedMal Forum|

  Patients who sue their healthcare providers in Iowa are required to file a certificate of merit from a qualified expert who attests the provider breached the standard of care. An Iowa statute requires them to file this certificate within sixty days of the provider’s answer, but before the start of discovery, or the patient’s case must be dismissed. The certificate of merit requirement has caused much consternation for [...]

1 Mar, 2023

Iowa Limits Liability of Health Care Providers Fighting the COVID-19 Pandemic

2023-03-01T13:19:00-06:00March 1st, 2023|LDM MedMal Forum|

  The COVID-19 pandemic affected all Iowans, including those engaged in the practice of medicine. Individual practitioners bravely put themselves on the front line to combat a novel disease sweeping through Iowa. Hospitals treated more patients than they had before and worked around the clock to care for victims of the pandemic. Despite these efforts, legal experts predicted significant litigation would arise from missteps committed during the treatment of COVID-19 [...]

17 Dec, 2022

Spoliation of Evidence in Medical Malpractice Cases: What is it and What are the Consequences?

2022-12-13T16:58:21-06:00December 17th, 2022|LDM MedMal Forum|

This blog has previously touched on importance of accurately documenting an Electronic Medical Record [EMR]. Document, Document, Document - Accurately! - Lamson Dugan & Murray LLP (ldmlaw.com). As the post explained, the “slightest discrepancy or ambiguity may result in protracted litigation.” But what happens when certain documents are deleted or are removed from the electronic medical record before or during litigation? This action may invoke a legal doctrine called spoliation. [...]

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