Judge Dismissed Malpractice Suit Against Attorneys

A judge in Des Moines ended a lawsuit filed by a former surgeon alleging professional negligence by his legal team.

Updated on Oct. 5, 2026 in Financial Crime

Judge Dismissed Malpractice Suit Against Attorneys

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Judge Jeffrey Bert dismissed a legal malpractice lawsuit filed by 77-year-old Ronald Bergman against his former attorneys. The court ruled that the plaintiff failed to prove he would have succeeded in his underlying legal cases had the attorneys provided different advice.

Why it matters

The ruling concludes a long-running legal dispute involving allegations of flawed advice concerning a Medicare and Medicaid settlement. The case highlights the high evidentiary standards plaintiffs must meet when claiming that professional malpractice negatively impacted their legal outcomes.

Judge Jeffrey Bert dismissed the lawsuit with prejudice, permanently barring any refiling of the claim. Bergman is currently considering an appeal following the ruling that he failed to present sufficient evidence for a jury trial.

The players

Ronald Bergman

He is a 77-year-old former surgeon who practiced in Des Moines for 40 years.

Jeffrey Bert

He is the judge who issued the order dismissing the malpractice lawsuit with prejudice.

Rhonda Swanson

She is a former administrative assistant who has a separate lawsuit pending against Bergman.

Iowa Board of Medicine

This is the regulatory body that suspended the medical license of Ronald Bergman in 2022.

The details

Bergman alleged his former attorneys provided poor guidance regarding billing self-reporting and the potential impact on his medical licensure. He previously paid $800,000 to state and federal officials in 2022 following a 2019 whistleblower lawsuit, and subsequently lost an appeal against his 2022 medical license suspension.

Timeline

  1. 2019: Peggy West filed a whistleblower lawsuit against Ronald Bergman.

  2. 2022: Bergman paid an $800,000 settlement for improper billings.

  3. December 2022: The Iowa Board of Medicine suspended Bergman's medical license.

  4. February 2024: Bergman filed the legal malpractice lawsuit against his attorneys.

  5. September 22, 2026: Judge Jeffrey Bert signed the order dismissing the lawsuit.

Legal Context

This dismissal marks the end of a series of legal challenges that have followed the 2019 whistleblower lawsuit filed by Peggy West. The resolution reflects broader trends in professional liability litigation, where courts increasingly require strict evidentiary proof of causation in malpractice claims.

While the malpractice lawsuit is dismissed, the ongoing litigation involving a former staff member continues to move through the court system. Residents and local businesses should note that this ruling does not impact the separate pending case brought by Rhonda Swanson.

The takeaway

Proving that attorney negligence directly caused an unfavorable legal outcome is a complex legal burden that often leads to case dismissals. Individuals involved in professional disputes should ensure they have comprehensive documentation to support claims of malpractice.

Further reading

For more on local legal developments, visit the Financial Crime section.

Source note: This article includes information reported by Des Moines Register.

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