What Constitutes Medical Malpractice?

Medical malpractice is professional negligence by a healthcare provider that results in the injury or death of a patient. It occurs when a medical professional does not provide the standard of care that another medical professional with equal training would provide under similar circumstances. With the number of deaths from medical malpractice growing each year, more citizens are consulting with attorneys about Salt Lake City medical malpractice law.

Causes of malpractice

The causes of medical malpractice are numerous and wide ranging. Any form of negligence, no matter how small, can have severe repercussions. Some of the most common causes of medical malpractice include the following:

• Surgical mistake or error
• Misdiagnosis or delay in diagnosis
• Unnecessary delay of treatment
• Medication error including incorrect dosage or administration
• Anesthesia error
• Hospital negligence
• Nursing home neglect or abuse
• Birth injury
• Failure to obtain informed consent of patient

Medical malpractice laws in Salt Lake City

Salt Lake City medical malpractice laws are stacked against injured patients. The Utah State Legislature continues to enact laws that favor healthcare providers and the insurance companies and makes it harder for medical malpractice victims to receive compensation for their injuries.

Statute of limitations

Medical malpractice law in Salt Lake City limits the amount of time a person has to file a malpractice lawsuit. Actions against healthcare providers must be initiated within two years from the date the injury occurred or should have been discovered, with a maximum limit of four years after the negligent act. Claims involving foreign objects mistakenly left in the body must be filed within one year.

Pre-litigation

According to malpractice law in Salt Lake City, medical malpractice cases must go through pre-litigation prior to initiating a medical malpractice lawsuit in Salt Lake City. The case is submitted to a panel, usually consisting of an attorney, a healthcare provider, and a lay person, who will hear evidence and decide if the case has merit. The decision may not be used as evidence in court and the case may proceed regardless.

Damage caps

The state of Utah adjusts the cap on non-economic losses in malpractice actions each year for inflation so it is important to consult with an attorney versed in local Salt Lake City malpractice law to find out the limit for your case.

Attorney fees

The government of Utah mandates that attorneys cannot charge clients more than one-third of the total compensation received.

Contact us

Contact the Utah medical malpractice attorneys at Robert B. Sykes & Associates, P.C. by e-mail, or call us at (801) 990-5759 for a free consultation.