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Medical Malpractice Lawyer Salt Lake City

Medical mistakes can dramatically affect a person’s life. If a victim is harmed due to the actions of a negligent medical provider in Salt Lake City, they need to seek legal assistance immediately. Medical mistakes can happen in many different ways, and the Salt Lake City medical malpractice attorneys at the Jardine Law Offices have extensive experience handling these cases. Whether you have been misdiagnosed, experienced a surgical mistake, or been otherwise mistreated by a negligent medical professional, let us investigate what happened so we can secure the compensation you deserve.

WHAT IS MEDICAL MALPRACTICE?

Medical malpractice occurs in a variety of ways, including:

  • Surgical errors
  • Delayed treatment
  • A misdiagnosis
  • Early discharge
  • Prescription problems
  • Healthcare-acquired infections
  • And more

Any time a patient’s treatment deviates from the standard of care met by medical professionals with similar training or experience and causes injuries or illness.

HOW OFTEN DO THESE MISTAKES HAPPEN?

We know that medical mistakes kill around 250,000 people in the US each year, making them the third leading cause of death in the country. However, this is only part of the overall picture, as millions of others survive medical errors. These victims and their families are left dealing with the consequences of malpractice, sometimes for the rest of their lives.

What elements need to be in place to prove a Salt Lake City medical malpractice case?

Medical malpractice cases can be difficult to prove, and there are generally four elements that a skilled Salt Lake City medical malpractice attorney will need to show in order for a case to be successful. These elements include:

  • Duty. It needs to be established that a duty was owed to a patient by the medical provider in question. In general, this means that a doctor-patient relationship must have been established in order to hold the medical professional liable.
  • Breach. After establishing that a duty of care as required by the medical professional, it needs to be shown that the provider failed in their duty by not exercising the degree of care or medical skill that another similarly trained medical professional in the same specialty would have provided in an equal situation. Typically, a similarly trained medical expert will need to be called to testify in these situations.
  • Causation. An attorney will need to establish that a medical provider’s breach of duty directly caused the injury or illness that the patient sustained.
  • Damages. Finally, it needs to be shown that the victim of the medical mistake suffered physical or emotional injuries due to the breach of duty. This can include medical expenses, lost wages, pain and suffering damages, etc.

IS THERE A STATUTE OF LIMITATIONS FOR ME TO FILE A MEDICAL MALPRACTICE CASE IN UTAH?

Every state is responsible for setting a time limit on how long victims have to file claims after an alleged medical mistake. This time limit is called the statute of limitations. In Utah, the statute of limitations for a medical malpractice claim is two years from the date an injury was discovered or should have been discovered. This means that victims of medical malpractice have two years to file a medical malpractice claim against the allegedly negligent medical provider.

However, there is an overall timeline for these cases in Utah. All medical malpractice claims must be filed within four years from the date a medical mistake is made, regardless of when the error was discovered. For example, if a person discovers that medical error caused them harm, but the mistake was made five years prior, they are beyond all statute of limitations for these cases and will be unable to file a claim.

It is important to point out that Utah places limitations on how much compensation can be recovered in a medical malpractice case. For economic damages, such as medical bills and lost wages, there are no limitations on how much compensation a victim can recover. However, for non-economic damages, such as pain and suffering, Utah places a cap of $450,000 on a claim.

DID I LOSE MY RIGHT TO FILE A LAWSUIT BY SIGNING A CONSENT FORM?

No, you did not lose your right to file a medical malpractice lawsuit. Consent forms are vital in the medical field. Your doctor needs to fully explain the risks and complications associated with a procedure, medication, or course of treatment. When you sign the form, you are agreeing that you wish the continue, even knowing what could happen.

However, this does not absolve a medical professional from the standard of care, and medical malpractice can still occur if:

  • A known risk was not on the consent form, or the full probability of complications was not explained to the patient.
  • The care you received before, during, and after the procedure was negligent.

YOU CAN COUNT ON US TO HELP

If you or a loved one has suffered an injury or illness due to the negligence of a medical professional, you need to consider seeking legal assistance today. At the Jardine Law Offices, you can count on our qualified and experienced team getting to the bottom of what happened. Our goal is to secure all the compensation you need, including:

  • Coverage of any medical bills related to the medical mistake (past, present, future)
  • Any lost wages a victim incurs if they cannot work due to their injuries
  • Costs of any medical devices or prescription medications
  • Payment of any needed physical therapy or rehabilitation
  • Loss or personal enjoyment damages
  • Pain and suffering damages
  • Possible punitive damages against the medical provider or healthcare agency involved

If you need a Salt Lake City medical malpractice attorney, you can contact us by clicking here or calling us at 801-350-3506 for a free consultation.