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Erik Luthens

Erik Luthens

Iowa Supreme Court cases
  • Legal Malpractice, Medical Malpractice, Personal Injury...
  • Iowa
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Claimed Lawyer ProfileQ&A
Summary

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.

Practice Areas
  • Legal Malpractice
  • Medical Malpractice
  • Personal Injury
  • Workers' Compensation
Additional Practice Areas
  • Car Accidents
  • General Civil
  • Dramshop
  • Wrongful Death
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Iowa
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Languages
  • Spanish: Written
Professional Experience
Iowa Supreme Court cases
Current
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)).
SHAREHOLDER
Luthens Law Offices, P.C.
- Current
Education
Drake University
J.D. (1991) | Law
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University of Iowa
B.S. (1988) | Political Science
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Activities: Pi Kappa Alpha
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Professional Associations
Iowa Association for Justice (f/k/a Iowa Trial Lawyers Association)
Member
- Current
Activities: I am also on the IAJ Board of Governors
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American Association for Justice (f/k/a American Trial Lawyers Association)
Member
- Current
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Iowa State Bar
Member
- Current
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Publications
Articles & Publications
Iowa Supreme Court / Iowa Court of Appeals Cases
Sanford v. Fillenwarth, 863 N.W.2d 286 (2015)
Iowa Supreme Court
Wilkins v. Marshalltown Medical and Surgical Center, 758 N.W.2d 232 (2008)
Iowa Supreme Court
New v. Titan Tire Corp., WL 984730 (Iowa Ct. App. Aug. 29, 2001).
Iowa Court of Appeals
Greenwood v. Mitchell, 621 N.W.2d 200 (2001)
Iowa Supreme Court
Farm Bureau vs. Iowa District Court, Iowa Supreme Court File No. 99-1944 (Mar. 17, 2000).
Iowa Supreme Court
Blecher v. Iowa Bd. of Educational Examiners, WL 18849 (Iowa Ct. App. Jan. 12, 2000).
Iowa Court of Appeals
State v. Gordon, 560 N.W.2d 4 (1997)
Iowa Supreme Court
Websites & Blogs
Website
Website
Legal Answers
29 Questions Answered

Q. A previous employer still hasn't paid me, it's been 6 months. What can I do? I was told to seek a worker's comp lawyer.
A: If you were working in Iowa or for an Iowa based company, you should immediately contact an Iowa attorney who handles workers’ compensation and employment law matters.
Q. I worked for a company 6 months ago. They still havent paid me and are now saying I was "self contracted".
A: It appears that the owner of the company is asserting that you are an independent contractor rather than an employee; there are many factors which determine this. You should immediately contact an Iowa attorney who handles employment / workers’ compensation claims.
Q. I hired a lawyer to file an appeal for unemployment for me. I was told 1week from when I hired him thathis dictation
A: The issues are: (1) whether you would have been successful on appeal had your attorney timely performed his duties; and if so, (2) the amount of unemployment insurance benefits you reasonably would have received. If you sue your former attorney for legal malpractice, you would need to retain an expert witness to testify as to the standard of care; a breach thereof; and the damages flowing from the breach.
Q. I am the victim of a crime in which the perpetrator has filed for PCR. Is that filed document public information?
A: Go online to: https://www.iowacourts.state.ia.us/ESAWebApp/ESALogin.jsp and look up the case.
Q. What forms do I need to initiate a procedural due process case
A: It is more than just filling out a form. I recommend that you immediately hire an Iowa attorney who specializes in real estate / zoning law.
Q. Can I ask for an attorney if I go to the Emergency Room?
A: You can ask for anything that you wish; however, receiving medical treatment in an emergency room does not entitle you to an attorney (as with the situation in which one is charged with a crime and is being held in police custody).
Q. My fathers civil case trial in Iowa settled in Iowa, now can attorney get the percentage from texas no cap or iowas
A: It is unclear as to what you are asking. You need to schedule an appointment (do not randomly call on the telephone) with your attorney and have him or her fully explain what is happening in your case.
Q. I'm being sued by a bondsman for the defendant missing court on the 6th court date from being continued- any advice
A: Find the defendant ASAP.
Q. What kind of lawyer do I need if an inpatient mental health facility violated their policies?
A: Did you have a written agreement between the health care facility and you? If so, are the conditions / terms which you assert were violated specifically delineated in the agreement? How have you and / or your daughter been damaged by the health care facility’s breach of the agreement?
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Contact & Map
1200 Valley West Drive
Ste. 304-01
West des Moines, IA 50266
USA
Telephone: (515) 222-1697
Fax: (515) 222-2655