Erik Luthens
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Erik Luthens
Biography
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
Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Workers' Compensation
Fees
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
Jurisdictions Admitted to Practice
Languages
Professional Experience
Shareholder Luthens Law Offices, P.C.
Year: 1991 - 2020
Description:
Shareholder Parrish-Sams Luthens Law, P.C.
Year: 2020 - Current
Description:
Iowa Supreme Court cases
Year: Current
Description: 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)).
Professional Associations
American Association for Justice (f/k/a American Trial Lawyers Association) Member (1995 - Current)
Iowa State Bar Member (1991 - Current)
Iowa Association for Justice (f/k/a Iowa Trial Lawyers Association) Member (1995 - Current)
Publications
State v. Gordon, 560 N.W.2d 4 (1997) Iowa Supreme Court (February 19, 1997)
Sanford v. Fillenwarth, 863 N.W.2d 286 (2015) Iowa Supreme Court (May 8, 2015)
Wilkins v. Marshalltown Medical and Surgical Center, 758 N.W.2d 232 (2008) Iowa Supreme Court (December 5, 2008)
New v. Titan Tire Corp., WL 984730 (Iowa Ct. App. Aug. 29, 2001). Iowa Court of Appeals (August 29, 2001)
Greenwood v. Mitchell, 621 N.W.2d 200 (2001) Iowa Supreme Court (January 18, 2001)
Farm Bureau vs. Iowa District Court, Iowa Supreme Court File No. 99-1944 (Mar. 17, 2000). Iowa Supreme Court (March 17, 2000)
Blecher v. Iowa Bd. of Educational Examiners, WL 18849 (Iowa Ct. App. Jan. 12, 2000). Iowa Court of Appeals (January 12, 2000)
Iowa Supreme Court / Iowa Court of Appeals Cases
Education
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Drake University J.D. (1991) | Law
Year: 1988 - 1991
-
University of Iowa B.S. (1988) | Political Science
Year: 1983 - 1988
Honors: Activities: Pi Kappa Alpha
Websites
https://www.PSL-Law.com
https://www.PSL-Law.com
Parrish-Sams Luthens Law, P.C.
2910 Westown Pkwy, Ste. 203, West Des Moines, IA 50266
(515) 222-2655