I had a bad result from a medical procedure. Is it medical malpractice?
Curious to know if you have a medical malpractice case? This page is here to explain the basics. This is not intended as legal advice, but it can be used as guidelines to understand Utah medical malpractice law if you are looking for a medical malpractice attorney in Utah.
You go in for a routine procedure, but it goes horribly wrong.
You wake up from surgery to realize the wrong procedure was performed.
The side effects and alternatives of a recommended course of action weren’t discussed with you, and now you’re living with the consequences.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, and it harms a patient. Bringing a medical malpractice lawsuit doesn’t necessarily mean that you had a bad doctor or healthcare provider — doctors are humans, and mistakes are bound to happen in our healthcare system. It can help hold the healthcare system accountable and compensate you for your damages.
If you need an experienced medical malpractice lawyer in Utah, our attorneys at Sykes McAllister Law Offices are here to help.
How do I know if I have a medical malpractice case?
All medical treatments and procedures have their risks and benefits, so not all bad medical results are malpractice. However, if you had a bad result after seeking medical treatment, including a surgical error, misdiagnosis, medication mistake, or birth-related injury, you may have a case against your healthcare provider for medical negligence. Medical malpractice suits have several things in common:
Duty. The healthcare professional owed a duty of care to the patient. This duty arises from the doctor-patient relationship or any other professional relationship established between the healthcare provider and the patient.
A breach of the “standard of care.” The “standard of care” is a term that describes the level of skill, care, and treatment that a reasonably competent healthcare professional in the same field would provide under similar circumstances. If their work deviates from that, it’s possible they have committed malpractice.
The patient has been harmed by that breach. The breach of duty by the healthcare professional directly caused or substantially contributed to your injury or harm. It must be demonstrated that the harm would not have occurred otherwise.
Injury or Damages. You suffered actual harm or damages as a result of the breach. This can include physical pain, emotional distress, additional medical expenses, lost wages, loss of earning capacity, or other measurable losses.
What does Utah law say about medical malpractice cases?
Before seeking out a medical malpractice lawyer in Utah, you should know the following about the statute of limitations:
According to Utah Code Annotated §63G-7-402, Section 78B-2-302, notice of any claims against a government entity, employee or agency must be filed given within one year.
Notice of all other claims (i.e. that aren’t against a government agency or employee) must be brought given within two years.
What this means:
This means if your medical malpractice claim happened at a state-run hospital — for example, any University of Utah Hospital or clinic — you have one year to give notice of suit.
If you have a claim against a privately run hospital (like Intermountain, Revere Health, or MountainStar) or a private doctor or practice, you likely have two years to give notice of suit.
What can I expect when I sue for medical malpractice?
Contrary to popular belief, lawsuits don’t exist to get people rich or make them an easy buck. Often, it takes a long time, but with the right lawyer, you know you’re in good hands.
When you sue for medical malpractice and retain a medical malpractice lawyer in Utah, your attorney will walk you through the process. It looks something like this:
You meet with an attorney to discuss the details of your case. They will want to know when and where it happened, who was involved, and what kind of evidence is available to you.
The investigation phase. If an attorney believes you may have a case, they will start gathering evidence and information to build the case. This is done by gathering police reports, photos, videos and whatever is available. Your attorney may also conduct interviews as part of the investigation.
Pre-litigation. Your lawyer will first look to see if they can settle your case out of court. If the case cannot be settled, they might advise you to file a complaint.
Filing the lawsuit. Once all the evidence is collected, if your attorney believes you have a case, they will file a complaint with the court. The relevant parties will also be served a copy of the filing.
Litigation. After a case is filed, formal discovery will be conducted. This may include written disclosure of witnesses and evidence, written requests for documents or information, and depositions. If your case is unable to be resolved during the discovery process, you will need to go to trial. During the trial, your attorney will present your case to the court, and a jury will make a determination on the case.
The appeals process. Sometimes the court will rule against you. In that case, your attorney will want to take another look at the ruling and decide if there is a way to appeal it to a higher court.
What should I do when I or a family member experiences medical malpractice?
If you or a family member experiences a breach of the standard of care, and you are looking for a medical malpractice lawyer in Utah, do the following.
Keep your cool: It is perfectly normal to experience grief over a wrongful death or life-altering injury from a bad medical procedure. Nevertheless, avoid threatening to sue, blaming your healthcare providers, declaring vengeance or posting to social media.
Continue to seek medical care: It’s important that you continue to get medical care for your condition. Often, further treatment will reveal the full extent of the damage and help your attorney assess your damages.
Gather evidence: Get a hold of as many medical records (including bills) as you can. These will be helpful for your attorney as they piece together what went wrong.
Keep track of your medical bills: Whether your case settles or goes to trial, your lawyer will need to determine how much to ask for as a remedy for your damages. The attorney will usually ask for an amount that covers your medical damages, the pain and suffering your experienced and, occasionally, punitive damages to deter the action happening again.
How do I find a medical malpractice lawyer in Utah?
If you believe you have a medical malpractice case, the first step is to contact a medical malpractice lawyer in Utah as soon as possible. They will review your situation, determine if you have a valid claim, and advise you on the potential remedies available.
A successful medical malpractice case requires evidence, hard work and determination, but it helps hold our healthcare system accountable and keeps our medical system is safe for the most vulnerable people.