According to Johns Hopkins University, medical malpractice has caught up with other causes of death in recent years. In fact, medical negligence has become the third-leading cause of deaths, behind only heart disease and cancer.
When a medical professional fails to exercise a good standard of care, medical malpractice can occur. Doctors, nurses, and other medical professionals can all make catastrophic medical mistakes that could have truly devastating—and sometimes fatal—consequences for patients.
Examples of medical malpractice include:
- Failing to diagnose a health condition
- Misdiagnosing a condition
- Misinterpreting laboratory test results
- Failure to order laboratory or other testing
- Surgical mistakes
- Offering wrong medication or wrong doses
- Discharging a patient too early
- Disregarding medical history
- Birth injuries
- Anesthesia errors
Many other examples of medical malpractice exist. If you or a loved one suffered significant consequences and injuries due to medical malpractice, you could consult with a Salt Lake City medical malpractice lawyer.
Call Ben Crump Law, PLLC, today at (800) 641-8998 for a free evaluation of your case with a team member.
Proving negligence in a medical malpractice case could be anything but smooth sailing. You might go up against the medical provider or a hospital, and potentially their team of lawyers trying to discredit your claim.
However, it is essential to note that just because you or a loved one suffered an injury while receiving medical care, you do not necessarily have a medical malpractice case. In a medical malpractice claim, you must prove the following elements.
Your Doctor Had a Duty of Care
Usually, merely proving that a doctor-patient relationship exists establishes a doctor’s responsibility and duty of care towards you.
Your Doctor Breached the Duty of Care
If your doctor did not follow medical guidelines and a certain standard of care during the course of your treatment, they might have breached their duty of care. Proving this element typically requires expert witness testimony.
You Suffered Injuries
If your doctor made a medical error and you suffered no injuries as a result, you do not have a medical malpractice case. Further, to have a case, a doctor’s negligent conduct must have caused your injury. To prove this element of a medical malpractice case, you will most likely need an expert witness’s opinion that your injuries resulted from medical malpractice.
You Have Monetary Damages
Without damages, you do not have a medical malpractice claim. You must show that the doctor’s malpractice caused your damages, whether economic, noneconomic, or both. Proof of damages could include medical bills, lost income, bills for counseling, and other invoices.
A Salt Lake City medical malpractice lawyer can help assess and prove your damages. They can build your case against a negligent medical provider and help you prove negligence. They will try to protect you from unscrupulous practices by defense attorneys and insurance adjusters and fight for your best interests. You might find that particularly helpful in medical malpractice cases when the other side draws on comprehensive legal support.
Having a malpractice lawyer by your side can take a weight off your shoulders, especially while you recover from your injuries or grieve the loss of a loved one. Call Ben Crump Law, PLLC, today to learn more.
For a free legal consultation with a medical malpractice lawyer serving Salt Lake City, call (800) 641-8998
Utah Medical Malpractice Laws
If you suffered medical malpractice in Utah, you need to be aware of the statute of limitations regarding medical malpractice lawsuits. If you intend to file a medical malpractice lawsuit, you generally have two years to do so, according to Utah Code §78B-3-404, part of the Utah Health Care Malpractice Act.
This Act also imposes other requirements on injured patients, including providing medical providers 90 days’ notice of your intent to sue, and filing an “affidavit of merit” that your case is a reasonable cause of action.
Wrongful death claims on behalf of a deceased loved one also have a two-year time limit per Utah Code §78B-3-106. When you file against a government party, you might have an even shorter time limit for legal action. A Salt Lake City medical malpractice lawyer can explain your options and inform you how much time you have left to file.
In any case, you might not want to wait too long before filing legal action. Consider that after several years, pivotal evidence may have disappeared, or witnesses might not recall all details of your malpractice case. The sooner you pursue compensation, the sooner you could receive a settlement that could pay for your expenses and help you with future medical treatments and any out-of-pocket costs.
Salt Lake City Medical Malpractice Lawyer Near Me (800) 641-8998
Medical Malpractice Compensation
If you can successfully hold a medical professional to account for your injuries or your loved one’s death, you could recover compensation, which can include economic and noneconomic damages.
Types of economic damages you could recover include:
- Medical expenses, including future medical costs
- Lost income
- Reduced earning capacity
- Medical transportation costs
- The costs of modifying your home
- Costs for a home health aide
- Out-of-pocket expenses
You could also potentially recover noneconomic damages. If you suffered extensive injuries, you might have considerable noneconomic damages that include:
- Pain and suffering
- Emotional anguish
- Loss of life enjoyment
- Permanent disability
Keep in mind that Utah Code §78B-3-410 caps noneconomic damages at $450,000.
While economic damages come with a clear-cut bill or receipts, noneconomic damages compensate you for subjective losses that could be difficult to quantify. However, your Salt Lake City medical malpractice lawyer can assess and calculate all your damages.
You Deserve Justice
If a medical professional—the very person who was supposed to help you—made you feel worse and caused you or your loved one to suffer from severe injuries, you deserve justice and compensation.
The team at Ben Crump Law, PLLC, understands that holding a doctor or hospital to account for their actions can feel intimidating; however, you do not have to go through this on your own. A Salt Lake City medical malpractice lawyer with our firm can take charge of your case and assist you with all aspects of your claim. We do not shy away from complicated cases and will fight for your rights and compensation.
You do not need to worry about any upfront costs when working with us, as we do not charge advance attorney’s fees unless we win your case, and you receive a settlement or judgment. Call Ben Crump Law, PLLC, today at (800) 641-8998 for your free consultation with a team member.