Medical professionals are trusted to provide safe, effective care. Most of the time, doctors, nurses, and hospitals in Utah live up to that responsibility. But when they don’t, the consequences can be devastating. A misdiagnosis, surgical error, or failure to monitor a patient properly can cause permanent injuries or even death.
If you or a loved one suffered harm because of a medical mistake, you may be wondering: Do I have a case for medical malpractice in Utah?
At Steele Adams Hosman, we’ve guided countless families through the difficult process of holding negligent medical providers accountable. In this article, we’ll explain what qualifies as medical malpractice, how Utah law handles these cases, and what steps you should take if you think you’ve been a victim.
What Counts as Medical Malpractice?
Not every bad medical outcome is malpractice. Medicine is complicated, and sometimes patients don’t respond to treatment the way doctors hope. However, malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure directly causes injury.
Examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis: Failing to identify cancer, heart disease, or other serious conditions in time to treat them effectively.
- Surgical errors: Operating on the wrong body part, leaving surgical instruments inside a patient, or causing nerve or organ damage.
- Medication mistakes: Prescribing the wrong drug or dosage, or failing to check for dangerous interactions.
- Birth injuries: Failing to monitor fetal distress, improper use of forceps, or oxygen deprivation leading to conditions like cerebral palsy.
- Anesthesia errors: Administering too much or too little anesthesia, or failing to monitor vital signs.
- Hospital negligence: Poor sanitation, understaffing, or lack of training that results in infections or preventable complications.
Each of these errors could give rise to a medical malpractice claim if they result in measurable harm.
The Legal Standard of Care
In Utah, the law measures medical malpractice against the “standard of care.” This standard refers to the level of skill and treatment that a reasonably competent healthcare provider in the same field would have provided under similar circumstances.
To prove malpractice, your case must show that:
- A doctor-patient relationship existed.
- The provider owed a duty of care to you.
- The provider breached that duty by failing to meet the standard of care.
- That breach directly caused your injury.
- You suffered damages such as medical costs, lost income, or pain and suffering.
This may sound straightforward, but proving a breach of the standard of care often requires expert medical testimony and detailed evidence.
Hurt by a medical mistake? Let Steele Adams Hosman fight for the justice and compensation you deserve. Contact us today for a free consultation!
Utah’s Medical Malpractice Laws
Every state has its own rules for handling malpractice claims. In Utah, these rules include:
- Statute of limitations: Most medical malpractice claims must be filed within two years of when you discovered (or should have discovered) the injury, and no more than four years after the actual malpractice occurred.
- Pre-litigation requirements: Before filing a lawsuit, you must submit a Notice of Intent to Commence Action and a request for a pre-litigation panel review through Utah’s Division of Occupational and Professional Licensing (DOPL). This panel, which includes doctors and lawyers, evaluates whether malpractice likely occurred.
- Expert testimony: To succeed in court, you’ll need testimony from a qualified medical expert who can explain how your provider failed to meet the standard of care.
- Damage caps: Utah law limits the amount of non-economic damages (like pain and suffering) you can recover, though there are no caps on economic damages such as medical bills or lost wages.
These rules make malpractice cases complex, but not impossible. With the right legal team, you can navigate these hurdles and build a strong claim.
Do You Have a Case?
Whether you have a valid medical malpractice claim depends on several factors:
- Was there a clear error? Some errors are obvious (like operating on the wrong leg), while others are harder to prove (like misdiagnosis).
- Did the error cause harm? Even if a doctor made a mistake, you must show that it caused significant injury or worsened your condition.
- Do you have damages? Medical bills, lost income, long-term disability, or emotional suffering must be present to justify a claim.
For example, imagine a patient in Provo goes to the ER with chest pain. The doctor dismisses it as anxiety and sends them home. Hours later, the patient suffers a heart attack that could have been prevented with proper testing. That’s a scenario where medical malpractice may clearly apply.
Why These Cases Are Challenging
Medical malpractice cases are some of the hardest personal injury claims to pursue. Hospitals and insurance companies have deep pockets and aggressive legal teams. They often argue:
- The injury was an unavoidable complication.
- The patient’s underlying condition, not the doctor’s error, caused the harm.
- The provider acted within the acceptable range of care.
That’s why victims need attorneys who aren’t afraid to stand up to powerful healthcare systems.
The Role of Expert Witnesses
One of the most critical aspects of a malpractice case is expert testimony. Judges and juries aren’t medical professionals, so they rely on experts to explain what went wrong.
At Steele Adams Hosman, we work with respected physicians in fields ranging from cardiology to obstetrics. These experts help us establish:
- What the proper standard of care was
- How your provider’s actions deviated from that standard
- How that deviation caused your injuries
Strong expert testimony can make the difference between a dismissed claim and a successful settlement or verdict.
Call Steele Adams Hosman today to schedule a free consultation.
What Compensation Can You Recover?
If your case is successful, you may recover damages such as:
- Medical expenses for treatment, hospitalization, and rehabilitation
- Future medical costs if your condition requires ongoing care
- Lost wages and diminished earning capacity
- Pain and suffering caused by physical and emotional trauma
- Loss of enjoyment of life if your condition limits your activities
- Wrongful death damages if malpractice caused the death of a loved one
Each case is unique, and the amount of compensation depends on the severity of your injuries and the strength of your evidence.
A Local Perspective: Utah Courts and Hospitals
Understanding the local landscape is important. In Utah, malpractice cases may be heard in courts such as the 3rd District Court of Utah in Salt Lake City or in county-level courts across the Wasatch Front.
We also know the major hospitals and health systems in our region, from University of Utah Health to Intermountain Medical Center, and have experience holding large institutions accountable.
Taking the First Step
If you suspect medical malpractice, here’s what you should do:
- Seek medical care immediately to stabilize your health.
- Collect your records, including test results, discharge papers, and prescriptions.
- Write down what happened, while the details are fresh in your mind.
- Contact an experienced attorney as soon as possible to preserve evidence and meet legal deadlines.
Waiting too long can weaken your case and limit your options.
Steele Adams Hosman: Advocates for Utah Patients
At Steele Adams Hosman, we combine legal skill with personal attention. We know how intimidating it feels to take on a hospital or insurance company. That’s why we treat every client like family, guiding you with compassion while fighting aggressively in court.
We’ve helped Utah families recover after devastating surgical mistakes, birth injuries, and misdiagnoses. Our team is dedicated to uncovering the truth, proving negligence, and securing justice for victims.
Don’t face the insurance company alone. Contact Steele Adams Hosman now.
