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a frustrated male surgeon in blue scrubs, a surgical cap, and a mask pulled down around his neck, and standing in operating room, with his hand on his forehead and his eyes close.

Salt Lake City Medical Malpractice Attorney

Utah Medical Malpractice Laws

People across Salt Lake City turn to their medical providers every day for advice and information. In many instances, patients suffer from illnesses and ailments that impact their health and wellbeing. Although we hope our doctors and nurses always have our best interests in mind that is not always the case. In recent data, Utah averaged 13.68 medical malpractice reports per 100,000 residents annually (ranking 31st nationally), with 66 paid claims totaling $22.89 million in the latest year reported, which averages to about $346,818 per case.

Over the years, our team at Jardine Law Offices has fought aggressively to ensure the legal rights of victims are protected after being harmed due to medical malpractice. Our team provides each client with individualized representation that accurately reflects their best interests.

We strive to help those harmed by putting together solid cases in support of their legal claims. We use strong evidence to aggressively negotiate on behalf of our clients to ensure they are able to get the justice and compensation they need. Contact our law firm at (801) 451-9555 at your earliest convenience to see how we can help you.

How a Salt Lake City Medical Malpractice Attorney Builds Your Case

Experienced Salt Lake City medical malpractice attorneys start with a thorough record review, expert consultations, and timeline reconstruction. We can secure affidavits, navigate panels, and gather witness statements to prove breach and causation.

Jardine Law Offices can coordinate independent medical exams, economic analyses for future losses, and negotiate aggressively in the event of a trial.

What is Medical Malpractice?

Medical malpractice involves instances where patients suffer illnesses or injuries due to the actions of a negligent or reckless medical professional. The doctor, surgeon, nurse, or other care provider failed to meet the acceptable standard of care while providing you with treatment. As a result of their actions, you suffered injuries and other damages.

Patients who are harmed as a result of medical malpractice are able to file legal claims against the negligent party. In order to prevail, it is crucial that you are able to demonstrate that the four elements of negligence existed at the time of your incident. You must prove that:

  1. A doctor-patient relationship existed at the time of your treatment. You must be able to demonstrate to the court that a doctor and patient relationship existed. This involves demonstrating that the defendant was providing you advice, care, and other treatment in a professional setting. Regardless of whether you received treatment in surgery, at a routine checkup, or in an emergency room, you need to show that you received treatment from the defendant.
  2. Negligence occurred. You will need to show that the care provided to you failed to adhere to the acceptable standard of care. Although medical professionals all have their own opinions on how to handle various problems and illnesses, they must all align with acceptable care that other providers with similar backgrounds would provide under the same circumstances.
  3. The negligence of the provider caused your injuries. After demonstrating that the provider acted negligently, you must further show that negligence is the cause of your injuries. It is crucial that you can clearly demonstrate the level of suffering you have been forced to endure due to the medical professional’s negligence, regardless of whether you suffer mentally, physically, or emotionally.
  4. The injuries caused your damages. Finally, you must prove that the injury you sustained resulted in damages for you. In many cases, victims are forced to undergo further medical treatment, have to go through repeat surgeries, and receive other care that is both painful and costly. Demonstrating the economic and non-economic damages you face moving forward is critical when it comes to your ability to recover.

The negative consequences of being injured by a negligent medical provider do not disappear overnight. In many cases, victims have to go through months of treatment while dealing with towering medical costs and a variety of other damages that negatively impact their lives as well as their families. When you work with Jardine Law Offices, we can take this burden off your shoulders. We know how to calculate the full amount of damages that you are owed and will fight to secure it.

Common Types of Medical Malpractice Cases

Medical malpractice can take a variety of shapes and impact patients in many different ways. Regardless of what stage you are in treatment, it is crucial that you receive care that is up to acceptable standards. Regrettably, medical malpractice continues to impact the lives of thousands of people across our state. 

Some types of medical malpractice in Utah include:

  • Birth injuries
  • Diagnostic errors
  • Treatment, monitoring, or medication errors
  • Informed consent
  • Anesthesia malpractice
  • Post-operative infections
  • Surgical errors

Patients often require timely and accurate medical care that is specific to the injury or illness they are dealing with. When they do not receive adequate and accurate care, the results can be catastrophic.

Misdiagnosed or Delayed Diagnosis

It is crucial that patients receive an accurate and timely diagnosis for illnesses, injuries, and various other conditions they are dealing with. Not having an adequate diagnosis can result in patients suffering unnecessarily. In some cases, the consequences can be life-threatening. 

Having to deal with pain and suffering due to an untimely and inaccurate diagnosis can result in permanent impairments or death. When victims are forced to suffer unnecessarily due to the negligence of medical professionals, they may be entitled to compensation from at-fault parties.

In order to prevail on a personal injury lawsuit surrounding a misdiagnosis or a delayed diagnosis, victims must be able to demonstrate that following circumstances existed.

The medical professional failed to listen to you. If you sought medical attention due to an illness or an injury, and you explained your symptoms to the doctor and other things you are experiencing, and your doctor failed to examine you and make accurate recommendations for treatment, they can be held responsible for your resulting damages. Doctors who do not listen to patients’ symptoms miss ordering testing that is critical for the diagnosis and treatment of illnesses and conditions.

Failing to recognize symptoms. Doctors go through years of training and expanding their knowledge surrounding illnesses and injuries patients sustain. An extensive part of their training involves learning how to recognize symptoms and make accurate diagnoses in patients. If doctors do not accurately diagnose your illness, despite knowing all of the symptoms you are having that directly indicate you are suffering from a specific illness, they can be held liable for the resulting injuries and damages you sustain.

When doctors fail to examine medical history. Doctors must review the medical history of patients, including their family medical history when providing them with an examination. This is particularly critical when victims are experiencing symptoms and discomfort. When medical professionals fail to review medical records in order to make timely and accurate diagnoses for patients, patients may experience worsening symptoms. If your doctor failed to review your record after you spoke out about concerns and symptoms you have, they may be liable for your injuries and damages.

Ordering the wrong tests. When doctors do not order accurate tests after being told symptoms by the patient, it can lead to a delayed or missed diagnosis. In these cases, patients are unable to get the treatment they need and deserve.

Failing to interpret tests accurately. After receiving testing, it is crucial that they are accurately interpreted so patients can begin treatment for their injuries or illnesses. When the tests are not accurately interpreted, patients go without the treatment they need, which can worsen their conditions.

Patients who are not accurately and timely diagnosed with their injuries and illnesses can result in the worsening of symptoms. In some cases, victims end up passing away due to their illnesses. If you have been injured, or your loved one lost their life, due to the misdiagnosis or delayed diagnosis, contact our Salt Lake City medical malpractice attorneys to see how we can help you.

Medical Negligence in Hospitals

Most people who go to hospitals do so to receive emergency medical attention for illnesses and injuries. In many cases, time-sensitive diagnoses are critical. Rather than receiving the emergency care patients need and deserve, there are many instances where they are forced to suffer due to negligence. 

In some cases, injured parties can pursue legal options available to them to hold the hospitals accountable. Some of the negligent actions our team helps victims recover from in Utah include:

  • Neglecting patients who are in the hospital’s care
  • Making inaccurate diagnoses
  • Not offering adequate and appropriate treatment to patients
  • Ignoring the patient so long as to have their condition and injuries worsen while in hospital care
  • Not sending the patient to the correct specialist
  • Not ordering accurate testing to determine the illness or injury
  • Not providing the adequate medication dosage to victims
  • Not giving patients the correct medication
  • The erroneous use of anesthesia
  • Not adhering to protocol standards in the hospital
  • Performing nonconsensual/unnecessary surgery on patients
  • Misusing medical equipment

Hospitals are trusted to hire competent medical professionals to provide care to patients. When hospitals act negligently during the hiring process, they can be held liable for the injuries and damages sustained by patients. 

Who Can Be Held Liable for Medical Malpractice?

Liability extends beyond individual doctors to hospitals, clinics, nurses, labs, and even device manufacturers. Utah’s Health Care Malpractice Act holds entities vicariously liable for employees’ negligence during work duties.

Hospitals can share liability with negligent doctors, nurses, surgeons, and other care providers who are employed at their facilities. These facilities may face claims for understaffing, faulty equipment, poor protocols, or negligent hiring.  Should you be injured while in a hospital, it is crucial that you reach out to a medical negligence attorney in Salt Lake City as soon as possible.

Utah Medical Malpractice Laws You Should Know

Utah’s medical malpractice laws create strict procedural hurdles that demand immediate action. Key requirements include:

  • 2-year statute of limitations from injury discovery
    • Maximum 4-year repose limit from incident date
  • 90-day pre-suit notice to defendants before filing
  • Mandatory pre-litigation panel review
    • Only about 50% of claims advance to court
  • $450,000 cap on non-economic damages (pain/suffering)
    • HB503 added doctor asset protections and “loser pays” fee-shifting risks

Emergency room claims require “clear and convincing” evidence (higher burden than standard negligence). Most claims need expert affidavits of merit proving breach of care standards.

Injuries and Damages Caused by Medical Negligence

Victims suffer physical pain, permanent disability, emotional trauma, lost wages, and massive bills. National studies, including Johns Hopkins’ analysis, estimate over 250,000 annual U.S. deaths from medical errors, with Utah payouts often covering lifelong therapy or wrongful death costs.

Recoverable damages include medical costs, lost income, pain/suffering (capped at $450,000 non-economic), and punitive awards in egregious cases. Jardine Law Offices builds claims to secure full compensation within Utah’s limits.

What to Do if You Suspect Medical Malpractice

Utah’s strict deadlines can permanently bar valid claims. Follow these immediate steps to protect your claim:

  1. Get second opinions from unrelated doctors (not from the same practice).
  2. Preserve everything including medical records, bills, prescriptions, test results, emails, notes.
  3. Don’t sign releases or discuss fault with anyone but your attorney.
  4. Document your timeline. Notate symptoms before/after treatment, provider conversations, treatment effects.
  5. Contact a Salt Lake City medical malpractice attorney within days, not weeks. Deadlines start ticking immediately.

Utah requires a 90-day pre-suit notice and panel review. Missing these deadlines can negatively affect these cases, even strong ones. Most firms offer free case evaluations to assess viability before costs or commitments.

Jardine Law Offices Can Help You Protect Your Legal Rights

Medical negligence is something that impacts the lives of thousands of people across Utah each year. These incidents are often life-altering, leaving victims with painful injuries that impact their health and wellbeing. Although we entrust our lives to these trained professionals, many doctors, nurses, physicians, and other medical providers continue to cause harm to innocent victims.

In many cases, victims have to spend tens of thousands of dollars on additional medical care they need for their injuries. When victims are injured in accidents caused by the negligent and reckless actions of their care providers, it is crucial that they seek legal guidance from a knowledgeable medical malpractice attorney as soon as possible. 

At Jardine Law Offices, our negligence attorneys have decades of experience helping victims throughout Utah hold negligent and reckless medical professionals accountable for their actions. Our team provides responsive and effective representation to ensure injured patients are able to secure their recoveries

If you have been injured as a result of a negligent or reckless medical professional, contact our Salt Lake City medical malpractice accident attorneys at (801) 451-9555. Schedule a free case evaluation with our team at your earliest convenience to explore the legal options available for you.

FAQ’s about Medical Malpractice

What is negligence in Medical Malpractice?

Negligence means a healthcare provider failed to meet the “standard of care” or the level of skill and caution that a reasonably competent professional would use in similar circumstances. It’s not enough to have a bad outcome; you must prove the provider breached this duty and that breach directly caused your harm or worsened condition. 

Honest mistakes or unexpected complications don’t qualify as courts require clear evidence the error fell below accepted medical practice. Salt Lake City medical malpractice attorneys analyze records and consult experts to establish this critical link.

Can you sue a doctor for malpractice?

Yes, you can sue a doctor for malpractice if their negligence caused measurable injury, but Utah’s strict rules make it challenging without experienced counsel. All claims require 90-day pre-suit notice, mandatory panel review, and often expert affidavits before filing in court with viable cases proceeding after clearing these hurdles. Hospitals, nurses, and clinics can also share liability under vicarious responsibility laws. A Salt Lake City medical malpractice lawyer navigates these barriers to protect your right to compensation.

How to sue for medical malpractice?

Suing for medical malpractice in Utah starts with serving 90-day pre-suit notice to defendants, followed by mandatory pre-litigation panel review where only about half of claims advance. You’ll need an expert affidavit of merit proving negligence, then file suit within the 2-year statute (4-year repose max)

The process demands organized records, witness statements, and economic damage calculations. Most firms handle this on a contingency fee basis, meaning you pay nothing unless we win. Contact a medical malpractice attorney Salt Lake City UT firm immediately, as missing steps dismiss claims permanently.

When can you sue a doctor for medical malpractice?

You can sue within 2 years of discovering the injury (maximum 4 years from incident date, regardless of discovery), but only after completing Utah’s pre-litigation requirements like 90-day notice and panel review. 

Rare exceptions exist for fraud, concealment, or foreign objects left in surgery, extending deadlines slightly. Emergency room claims face higher “clear and convincing” proof burdens. 

a frustrated male surgeon in blue scrubs, a surgical cap, and a mask pulled down around his neck, and standing in operating room, with his hand on his forehead and his eyes close.
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