I primarily handle workers' compensation, personal injury, medical malpractice and legal malpractice claims (plaintiff only) and have been doing so since 1991 (B.S., University of Iowa, 1988; J.D., Drake Law, 1991).
I have been serving on the IAJ BOG from November, 2016 to date. I previously served on the Urbandale Little League board of directors for approximately ten years and have been a member of the YMCA's "President's Club" for approximately the past twelve years as well as a participant in its annual "Partner With Youth" campaign.
Since 1991
Current
Iowa Supreme Court cases
Through my diligence, I was successful upon further review with the Iowa Supreme Court in requiring defendants who seek to assert failure to mitigate as an affirmative defense by establishing the same via expert testimony which previously was not required. (See Greenwood v. Mitchell, 621 N.W.2d 200 (2001)). I was also successful on further review with the Iowa Supreme Court in establishing favorable case law for plaintiffs involved in medical malpractice actions relative to the statute of limitations and a health care provider's failure to timely diagnose a medical condition. ( See Wilkins v. Marshalltown Medical and Surgical Center, 758 N.W.2d 232 (2008). Wilkins also established the theory of ostensible agency which holds hospitals and clinics who employ independent contractor physicians liable for the negligent physicians' acts despite the fact that the negligent physicians are not their employees. I recently prevailed on further review with the Iowa Supreme Court in expanding the scope of Iowa's dramshop law for plaintiffs who are injured by over-served bar patrons. (See Sanford v. Fillenwarth, 863 N.W.2d 286 (2015)).
1991 - Current
Luthens Law Offices, P.C.
1988 - 1991
J.D. (1991) | Law
1983 - 1988
B.S. (1988) | Political Science
Activities: Pi Kappa Alpha
Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
