If you were the victim of medical malpractice, you should consult a medical malpractice lawyer as quickly as possible. Call Rasmussen & Miner now.
We put our trust into medical professionals and expect them to take care of our health conditions, injuries, and ailments. Every licensed medical professional has a duty to provide a certain standard of care, and when they fail to do so, it may be considered medical malpractice. In these situation, you may have the right to recover monetary damages for your losses.
For over 25 years, the medical malpractice lawyers from Rasmussen & Miner have been dedicated to helping victims who were injured because of the careless actions of medical professionals. Having recovered millions in damages through settlements and verdicts, we understand what needs to be done to get you justice. Our lawyers are ready to be your advocate and voice. We’ll offer you support and honest advice pertaining to your situation. Finally, we’ll work hard to see that those who caused you immaculate, and unnecessary pain, are held accountable. Please call us today to discuss your medical malpractice case.
What is Medical Malpractice in Utah
Medical malpractice occurs when any medical professional such as a doctor, nurse, midwife, technician, etc., or organization like a hospital, causes harm to a patient through a negligent act.
For example, let’s say you are having your appendix removed, and the doctor hits a vein, but fails to treat it. Following the surgery,you feel unwell because of internal bleeding. Because of the doctor’s failure to treat his or her error, you may have a medical malpractice case. Other examples include:
- Misreading or ignoring test results
- Surgery errors
- Medication errors
- Failure to treat
- Premature discharge
- Poor aftercare
- Disregarding a patient’s history
- + More
Medical Malpractice Laws
To file a claim for medical malpractice, you and your lawyer will need to meet the following conditions:
There was a violation of standard of care: Medical professional must meet certain medical standards. When they are not met, and an injury results, it may be considered a violation with the right to pursue legal compensation.
Negligence or carelessness was the cause of injury: If a lawyer can prove that the standard of care was not met, he or she will also have to prove that negligence was the cause. Furthermore, that the patient would not have been injured had the medical professional not engaged in negligent actions.
The injury was significant and caused losses: It is crucial to show that the injury caused significant damages such as medical expenses, lost wages, pain, and suffering.
Understanding the Statute of Limitations for Medical Malpractice Cases
If you have been injured by any healthcare worker, and would like to pursue compensation, it is important to consider calling a tenacious medical malpractice law firm in Utah as soon as possible. Once you do, one of the first questions you will be asked is:
When did the treatment or procedure take place? Or, When did you first realize the medical treatment might have been the cause of your injury?
A lawyer will need to know the answer to these questions, because what you say can depend on whether or not legal action is possible. In Utah, you have two years to file a medical malpractice claim. The exception to this is when the victim is under the age of 18, an object was left in the body for some time, or the healthcare worker tried to conceal the injuries. If the government, or a related agency, is involved, the time limits will likely be much less.
Many people choose to delay calling a lawyer because they never thought about it, didn’t think they had a claim, or were told that they were not harmed by negligence. A delay like this can be disastrous. Not only can the case be dismissed by a judge; thereby, never pursuable, but evidence can also be destroyed. By choosing a tenacious medical malpractice law firm in Utah, you can ensure everything is investigated in a timely manner, evidence is gathered, and your case is ultimately on the right track to success.
When Does the Statute Begin?
The laws regarding medical malpractice and statute of limitations can become blurred. Even though the law is two years, there can be circumstances to consider such as:
- The language used in the legislation
- How the court views your case
- The merit of your case
- How strong your case is
- Who the plaintiff is
In addition to the above, the following must be taken into consideration:
- The date of the treatment or procedure
- The date you have alleged malpractice
- The date the injury was discovered
- The last day of treatment
What You Should and Should Not Do
If you believe medical malpractice has occurred, and you are considering legal action, we would recommend that you DO the following:
- Keep a journal of your injuries, pain, and anything related to the malpractice
- Take as many pictures as possible
- Get copies of your entire medical record
- Call a tenacious medical malpractice law firm in Utah as soon as possible
Please DO NOT:
- Accept any fault or blame
- Apologize for your injuries
- Accept an under the table offer
- Try to negotiate a settlement on your own
- Sign anything before talking with a lawyer
Medical malpractice cases are complex, and usually require extensive research and investigation. In general the worse the injuries are, the more damages may be available. Please call our firm today to explore your legal options.
Consult with Rasmussen & Miner as soon as possible. The sooner you consult a medical malpractice lawyer, the better.