Medical malpractice is a highly nuanced area of personal injury law. To understand what it is, it is important to understand what it is not. The law recognizes that doctors and other medical practitioners are human.
As such, they cannot be expected to successfully cure every patient they treat. A negative outcome does not necessarily indicate medical malpractice or negligence. Rather, medical providers are held to what is known as the “accepted standard of care,” or simply the “standard of care.”
This means that medical professionals and institutions must provide all patients with the same level of care that another qualified practitioner or institution would provide in the same or similar circumstances. Specifically, to follow the standard of care, they must:
Different medical providers are held to different standards of care. For example, emergency room doctors are required to make quick decisions in high-risk situations; as such, they are held to a different standard of care than a general practitioner who sees patients by appointment for routine, non-life-threatening medical conditions.
One cannot reasonably expect the exact same treatment from an emergency room doctor as a primary care physician, and vice versa.
So, what exactly constitutes medical malpractice? Essentially, any conduct that breaches the accepted standard of care, resulting in injury to the patient, could serve as grounds for a medical malpractice claim.
Some common examples of medical malpractice include:
If you believe that a doctor, nurse, or specialist failed to provide an adequate level of care, resulting in your injury or the death of your loved one, know that you have the right to seek justice.
At Steele Adams Hosman, our Utah medical malpractice attorneys in Salt Lake City are prepared to go up against individual practitioners, as well as hospitals, emergency departments, doctors’ offices, urgent care centers, and other medical facilities. We have recovered millions of dollars in compensation for our clients, and we are ready to fight for the fair recovery you deserve.
Just like other types of personal injury cases, medical malpractice lawsuits in Utah are subject to a statute of limitations. The law allows you to file a suit for medical malpractice up to two years from the date of the injury. In some cases, however, the victim does not discover the injury right away.
When this happens, you may have two years from the date on which you discovered the injury or reasonably could have discovered the injury to file your lawsuit.
It is important to note that Utah also has a maximum time limit when it comes to medical malpractice cases. Regardless of extraneous circumstances, you cannot bring a medical malpractice lawsuit if more than four years have passed since the date of injury, even if you did not discover the injury right away.
However, there are some exceptions:
Further exceptions may apply in cases involving minors who were injured due to medical malpractice prior to turning 18. We encourage you to contact our Salt Lake City medical malpractice attorneys right away if you suspect that you or a loved one suffered due to medical negligence or misconduct.
Utah is one of several states to impose caps on medical malpractice damage awards. This means that the actual amount a plaintiff can receive is limited, even if the court finds that the defendant did, in fact, act negligently or wrongfully.
In Utah, only non-economic damages are capped. These include:
The state limits these damages to $450,000—but this does not apply to non-economic damages, such as medical expenses and lost wages.
Doctors, nurses, hospitals, and other medical providers are held to a certain standard of care. When they fail to provide patients with adequate treatment, they can be held accountable for the immense harm and damages caused to patients.
If you believe that you or a loved one received substandard care from a medical professional, reach out to our Salt Lake City medical malpractice attorneys at Steele Adams Hosman right away. Our Utah medical malpractice attorneys can help you understand your legal options, including your potential right to file a medical malpractice lawsuit.
With more than 35 years of collective experience and a longstanding record of securing some of the highest results in the area, our firm has the skills, resources, and reputation to effectively advocate for you. Take a look at our client testimonials, and see why we are the most trusted team of medical malpractice attorneys in all of Salt Lake City, and beyond.
At Steele Adams Hosman, we are committed to getting you the compensation you deserve after an injury. Call our team today for a free consultation with one of our attorneys. There is no fee unless we win your case!
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