Category Archives: Our Blog

Here are some intriguing blogs brought to you by personal injury lawyers Salt Lake City UT residents can count on.

doctors examining x-ray

When Do You Need a Medical Malpractice Lawyer?

If you or a loved one experienced injuries while at the hospital, how can you know if medical malpractice took place? It’s stressful enough as it is when you go to the hospital for surgery or treatment. Knowing if something was done in error – if it really was malpractice – can be very complicated to understand. This post will walk you through what is considered malpractice and when you should reach out to a medical malpractice lawyer for help.

Medical malpractice

So what is medical malpractice? When we see a medical professional, we expect a certain level of care. We expect them to give an accurate diagnosis and we expect for them to provide us with the correct treatment based on that diagnosis. We place a lot of trust in physicians and expect things to be done correctly.

Medical malpractice is considered professional negligence. It means that the practicing physician (nurse, doctor, or whoever is providing care) did something that goes outside the acceptable standards of care which resulted in injury to the patient. This includes a misdiagnosis, mistreatment (including giving you the wrong prescriptions), not being informed of possible risks, catching an infection while at the hospital, or being injured during surgery.

Claim requirements

You must be able to prove that medical malpractice occurred. It is not enough to just be unhappy with the treatment you received. You need to be able to prove that the doctor or nurse was negligent – which can be difficult.

To file a claim, you need to prove that you and the doctor you are suing had a professional relationship. You both have talked and agreed that he or she would be giving you care. You can’t sue someone you overheard giving medical advice which ended up not working for you.

Second, you have to prove the doctor was negligent. This means that their care was inconsistent with what is considered reasonable and careful. You have to prove that what they did that caused you harm, would not have been done by a reasonable doctor. Many states require you to bring a medical expert to court with you to prove this negligence.

Finally, you need to prove that the negligence actually caused the injury and your injury wasn’t actually a result of your sickness.

What do you do next?

After reading this article, if you believe you or a loved one are a victim of medical malpractice, you should reach out to a medical malpractice lawyer.

A medical malpractice lawyer will handle all the details and paperwork of your case. They will work with the insurance companies (since when you sue the doctor, you are actually suing their insurance company). They will respond to all correspondence on your behalf. And ultimately, they will represent you in court to try to get you the best settlement possible.

Reach out to one of our medical malpractice lawyers today. They will walk with you through this process so you can focus on your recovery and we can focus on getting you the compensation you deserve.

Turn to a Birth Injury Lawyer

What Does a Medical Malpractice Lawyer Do?

When deciding whether or not to pursue a medical malpractice lawsuit, it’s important to know what a medical malpractice lawyer can do for you. In this post, we’ll walk through what a medical malpractice lawyer does and how it can be helpful to your case to have one on your side.

What is a medical malpractice lawyer?

Lawsuits for medical malpractice typically are for injuries that occurred due to misdiagnosis or mistreatment. A lawyer will carefully look over all the details of the case to make sure that you have a legal claim to present to the court. They deal with all the paperwork, talk to the insurance companies, and do the research to prove that the physician responsible for the the malpractice was indeed being negligent.

Negligence can be hard to prove if you don’t know what exactly you are looking for. In order the prove negligence, the following must be true. First, you must have a contractual, professional relationship with the doctor you are suing. This is someone who you agreed to hire as a medical professional and they agreed to take you on as a patient. You are accepting their care and judgment when it comes to your diagnosis and treatment.

Second, you need to prove that a breach of that contract occurred. The contract is implied that the doctor has your best interest at heart and will provide you with the right diagnosis and treatment for your illness – not make you worse. By being negligent, they have in essence broken their contract with you.

Finally, you must prove that your injuries are a direct result of the negligence shown by the doctor – not due to anything else related to your illness. Let’s say your injuries happened due to a careless mistake in surgery. You need to prove that the reason you are injured was because of that mistake and not do something that would have happened regardless of whether or not you had the surgery.

Why it’s important to have a medical malpractice lawyer on your team

Malpractice cases involve the doctor’s insurance company, not only the doctor. When you file a claim against the doctor, you are actually filing a claim against their insurance company. This means that all the paperwork and communications go through their insurance company. A medical malpractice lawyer takes care of all the correspondence for you. They speak the legal jargon of the insurance companies and can easily navigate the complicated claims forms.

These lawyers can collect research, work with medical experts to support your claim, and gather all the evidence you need to have a successful claim. Let them worry about all the details and paperwork. You can rest easy knowing that your case is in good, capable hands.

If you or a family member are victims of medical malpractice, reach out to a lawyer today. They will provide you with the peace of mind you need to recover from your injuries while ensuring that you receive the compensation you deserve.

doctor surgery medical malpractice

A Tenacious Medical Malpractice Law Firm in Utah

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:

  • Misdiagnosis
  • 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.

Some states limit medical malpractice claims. This means you cannot collect more than the capped amount. You must also file your claim within a certain period. Consult with Rasmussen & Miner as soon as possible. The sooner you consult a medical malpractice lawyer, the better.

For a free case review, call a medical malpractice lawyer from Rasmussen & Miner.

Could a Defective Products Attorney Help You?

Everyone uses man-made products every day. At some point, you have probably used a product that has been defective. If you were injured or harmed by the product that incorrectly made, you may need a defective products attorney. You could be entitled to recover damages and out-of-pocket expenses you have paid or owe as a result of your injuries.

Three Categories of Defective Products: Failing to Adequately Label or Warn, Defective Manufacturing, or Defective Design

There are generally three categories to consider when determining who is at fault for injuries and damages related to a product. An experienced defective products attorney can help you sort through the legal details and give you options. As an overview, those categories include: failing to adequately label instructions or warnings, defective manufacturing, or defective design. Were the instructions unclear as to how to use the product? Were there any instructions on the product at all? Did you notice any warning labels? This may be a defect in labeling and/or warning.  A product that is defective by design would be a defect that is there in the product from the blueprint forward – before it’s sent out to the public or manufactured. It’s a fundamental, harmful flaw in the actual design of the product. Even if a product is designed well and is marketed correctly, the manufacturing of a product could be at fault. Maybe the manufacturer did not follow the design instructions exactly. Perhaps a manufacturer attempted to cut costs by replacing a piece of the item or eliminating the item altogether.

Product liability law generally protects someone who has been injured by a defective product in the above three categories. This is where a defective products attorney may come in handy to help you along with the process. A plaintiff could be entitled to receive compensation due to one of these issues by one or more parties involved in the process of putting the item on the market.

Proving Your Case

Proving who is at fault in a defective product, or product liability case, can be more complicated than proving just that you were injured because of an item. Just because the brakes go out on a car does not mean that they were defective. Having the product generally helps more than other evidence, but sometimes the evidence is destroyed and is unusable. Filing a lawsuit through a defective products attorney could help determine who is at fault in the defective product and protect other people who might fall victim to the same negligence. Defective Products attorneys can also preserve evidence that may be destroyed if you find an attorney quickly after an injury.

Unfortunately, not all products work the way they are intended to and this leads to severe and depilating injuries, and in some cases even death. Each case is different and each state has specific laws for defective products. Having a defective product attorney in your state who has knowledge regarding defective products and product liability could help in proving that a product was defective and determine who is at fault.

Contact an experienced Arlington Texas Slip and Fall Attorney for more information on how you can get the compensation you deserve.


Thanks to our friends and co-contributors from Brandy Austin Law Firm, PLLC for their added insight into defective products and product liability cases and injuries.

5 Common Causes of Truck Rollover Accidents

A rollover accident occurs when a vehicle’s wheels lose contact with the road and the vehicle tips over and can even continue to roll for multiple revolutions. Rollover accidents can happen to almost any type of vehicle, but when a large truck is involved in a rollover accident, the effects can be catastrophic for not only the truck driver, but other drivers near by.

Here are some of the more common reasons why rollover truck accidents occur:

  1. Steering abruptly to avoid a hazard: Experienced truck drivers are often very skilled when it comes to avoiding hazards or other accidents. In many cases, trucking accidents occur because other drivers on the road have made mistakes. Unfortunately, it’s not always possible for a large truck driver to avoid an accident at the last second. Quick steering motions could cause too much instability for the truck to remain firmly planted on the road.
  1. Speeding too quickly around a curve: When a rollover accident is the fault of the truck driver, the accident usually takes place on a curve and happens because of high speeds. Large trucks cannot navigate tight curves like other passenger vehicles can, and they cannot drive as quickly around curves. If a truck driver speeds too quickly around a tight curve, this increases the chance that the acceleration of the vehicle will cause it to lose balance.
  1. Road conditions: Slippery roads are dangerous for all vehicles, but with trucks, there is an increased possibility of a rollover. A wet road increases the likelihood of hydroplaning, which is what happens when a vehicle’s wheels lose contact with the road surface and slide across the water. When there is ice on the road, it’s possible for vehicles to lose traction very easily. When a truck encounters these road conditions, there is an increased chance that the vehicle will become so unstable that it tips over.
  1. Poor road planning: When a road is configured, designers are supposed to make sure that vehicles have enough time and space to brake or steer in the appropriate direction. If a road cannot be configured so that trucks can safely drive on it, this increases the chance that a large truck will experience a rollover. Insufficient road configuration is often seen on highway entrance or exit ramps, particularly when vehicles are required to change lanes quickly. Poor planning may also be the result of a hasty construction job.
  1. Improper cargo loading: Finally, it’s possible for a rollover accident to be caused by improper loading of cargo. If cargo is loaded carelessly and there is substantially more weight on one side of the truck — or if cargo has not been secured and is able to shift places while the vehicle is in motion — this is a big problem for trucks. Sudden changes in weight distribution can cause a truck to tip over, especially when driving around a curve.

Rollover accidents are not always preventable, but some of these common causes can be the result of a negligent party not taking the proper care to avoid an accident. If you’ve been involved in a rollover accident, it may prove important to discuss your situation with an experienced DC truck accident lawyer. They may be able to help determine if another party was acting negligently, and if you have the right to compensation. Contact an experienced lawyer today if you suspect you or a loved one was injured by someone else’s negligence in a truck rollover accident.


logo_cohenThanks to our friends and co-contributors from Cohen & Cohen, P.C. for their added insight into trucking/rollover accidents.

Defective Medical Device Update: Drug Delivery Malfunctions

Defective Medical Device

Defective medical device injuries are becoming more common in the United States, and one of the largest risks is posed by drug delivery machines.

These automated medication delivery systems are typically used to provide pain medication, nutrients and other fluids at regular time intervals. They save lives and are successfully used to treat many patients, but they are not without risk. Defective pumps can lead to serious injury or harm to patients, and in some cases, can even death.

What Is a Drug Delivery Device?

A drug delivery device, or drug infusion pump, is an electronic or mechanical system that intravenously infuses fluids into a patient’s circulatory system. Drug pumps deliver controlled amounts of fluids, such as medication, hormones or insulin, at regulated time intervals.

These devices, which are used in hospitals and at home, may be external or surgically implanted into the patient. Infusion pumps are frequently used to administer pain medication, but they are also commonly used with many other health situations and conditions as well. High-risk patients often require intravenous delivery of critical fluids and nutrients, for instance, and many who are hospitalized need antibiotics.

Drug pumps are also routinely employed to provide medication to cancer patients and those with diabetes or certain nerve conditions.

Risks of Drug Infusion Pumps

With any type of mechanical or electronic medical device comes the risk of malfunction. Drug pumps sometimes fail due to a problem with the software, such as a glitch that misinterprets the inputted infusion rate and consequently delivers an incorrect dosage. Broken components or mechanical or battery failure account for some infusion pump malfunctions, including sparks, shocks or even fire.

Infusion pumps may also have user interface design issues, such as false or nuisance alarm functions or unclear and confusing error codes or instructions, which can cause medical staff or patients to miss problems or respond too late.

Liability for Drug Delivery Device Failure

Medical devices sold on the U.S. market are extensively tested before the Food and Drug Administration grants approval; however, device manufacturers are ultimately responsible for ensuring that their products are safe.

Most lawsuits involving drug pump failure are product liability claims. Infusion pump manufacturers can be held legally responsible for injuries or deaths that result from a device that fails due to a design or a manufacturing defect. In some defective product liability claims, inadequate instructions, inaccurate product usage recommendations or improper warnings for usage can put the device manufacturer at fault for defective marketing.

Obtaining legal compensation for injuries or death caused by a drug pump malfunction can be a complicated process. If you or a loved one has suffered harm due to a drug delivery device failure, contact the experienced professionals at Rasmussen and Miner in Salt Lake City. We can assist you in any type of medical malpractice situation and help guide you through the complex legal process. Contact us today to discuss your defective medical device case.

Are You a Victim of Medical Negligence?

Medical Negligence

The legal implications of medical negligence are important to understand if you or someone you love has been injured or killed by a medical professional’s carelessness.

With medical malpractice cases, it isn’t enough to prove that a doctor or other health care professional made a mistake; you must also prove negligence. Also referred to as breach of duty, establishing negligence for a lawsuit involves showing that a doctor, nurse or other medical professional failed to abide by an accepted standard of care. Most malpractice cases hinge on proving medical negligence to the court.

What Is the Accepted Standard of Care in a Malpractice Lawsuit?

Negligence and breach of duty for a malpractice claim are established by measuring the actions or inactions of the health care professional against generally established medical standards of care.

These standards are generally defined as the accepted method or methods of treatment used by other competent and skilled professionals in the same community who have comparable backgrounds. In other words, a breach of duty can be proven in a malpractice lawsuit by showing that similarly trained health care professionals would have made different decisions under the same or similar circumstances.

How Is the Standard of Care Determined for a Legal Claim?

The medical standard of care for a malpractice case is established by examining the actions or inactions of the accused and comparing them to those of other area medical professionals with comparable qualifications. Locality is a big consideration in determining the medical standard, as doctors are generally required to possess the same caliber of skill and level of knowledge as other practitioners in the same geographic region.

Establishing the medical standard also involves comparing treatment and care for patients under similar circumstances. It is accepted that the standard can change, depending on the patient’s age and health issues. For example, the recommended treatment for a retired smoker with frequent asthma attacks may greatly differ from the care advised for a teenage athlete with infrequent asthmatic issues.

How Can Medical Negligence Be Proven for a Malpractice Claim?

With most medical malpractice lawsuits, expert witness testimony is necessary to demonstrate the standard of care. Qualified doctors or health care professionals must testify regarding the actions a reasonably skilled doctor would have taken in the same situation and how the accused’s deviation from that standard caused harm.

A skilled attorney will guide the expert witnesses through testimony to clearly show that the accused failed to provide appropriate care and that negligence occurred.

The medical standard of care in a malpractice case can be challenging to interpret and complicated to prove. If you have questions about a potential malpractice claim, contact the professional attorneys at Rasmussen and Miner in Salt Lake City. Our compassionate legal team is highly experienced in malpractice and negligence lawsuits, and we will fight to obtain the appropriate compensation for your injury. Call to schedule your free consultation today to discuss any medical negligence matters.

Hip Replacement Device Failure FAQs

Hip Replacement

Hip replacement surgery has relieved pain and improved range of motion and mobility for millions of people. Yet recently it has come to light that a great number of replacement devices carry a significant risk of failure. Metal-on-metal hip devices have been found to cause incapacitating and life-threatening damage and injuries. Read on to find out what you need to know if you or a loved one has an all-metal hip replacement device.

What Are the Problems?

Metal implants were developed to be more durable and to provide a greater range of motion than other hip replacements, especially those made from a combination of ceramic, plastic and metal. These devices often begin showing signs of weakness within just a few years.

Worse than device failure, however, are the potential complications involved. When an all-metal implant begins to deteriorate, friction between the ball and socket components causes the metal to shred, allowing dangerously high levels of toxins to seep into the bloodstream. Metal poisoning, or metallosis, from a hip implant can destroy bone and muscle and cause serious or even fatal damage to the lymph nodes, liver, kidney and spleen.

What Are the Symptoms?

People who have metal-on-metal implants should be aware of signs that may indicate device failure. Symptoms can vary among patients, but often include regular or prolonged pain in the hip, groin or leg, and swelling at or near the hip joint. Many people also experience a loss of mobility, causing a limp or change in gait.

Some all-metal hip replacement failures cause a grinding or clunking in the joint as well. Complications from these devices lead people to require revision surgery to implant a new device.

What Are the Legal Options?

The FDA has issued a directive ordering manufacturers of metal-on-metal hip replacements to undertake studies on device failure. This has led several manufacturers to issue recalls and even take their products off of the market.

Many hip replacement lawsuits have been settled already, providing significant compensation to injured patients for medical expenses and job-related losses. If your implant has failed, you may be eligible for compensation under one of these settlements. An experienced attorney can evaluate your claim and advise you of your rights, so that you can understand the potential value of your case.

If you are concerned about a metal-on-metal hip implant, speak to an experienced medical malpractice attorney as soon as possible. For more information, contact the experienced attorneys at Rasmussen and Miner in Salt Lake City for a free consultation. We specialize in battling medical malpractice and negligence, and we will assist you in learning more about the risks and likelihood of hip replacement failure.

Malpractice and Hospital Equipment-Related Injuries

Hospital Equipment Malpractice

Many patients suffer malpractice injuries as the result of equipment malfunction in a hospital setting. The advanced technology used for patient care today is a godsend when it works correctly. When it doesn’t, patients are at risk of injury or even death. Defects in medical equipment are responsible for thousands of catastrophic injuries and deaths each year across the country. When this type of injury or death occurs, a medical malpractice lawsuit can ensure that the responsible parties are held accountable.

Hospital Equipment Maintenance

Every piece of technological equipment in a hospital, from the mechanical beds to the MRI and anesthesia machines, can fail if it is not properly used and maintained. Regular operational checks are essential, as a defective device could harm or kill a patient. For example, a faulty IV pump could deliver an overdose of medication. A malfunctioning heart monitor could miss a potentially life-threatening heart arrhythmia. Proper equipment maintenance also includes performing routine safety inspections and changing batteries as needed. When this maintenance is not adequately performed, serious malpractice injuries can result.

Monitoring to Avoid Equipment-Related Injury

Medical professionals rely on hospital equipment to diagnose and treat many health conditions, but they are sometimes overly dependent on this technology. Nurses and other staff may get busy and fail to physically check patients, choosing instead to rely on the data produced by mechanical devices. Machinery in the hospital can be effectively employed to assess a patient’s condition, but if the technology is used alone, without the support of visual and physical checks of the patient, the likelihood of error increases. Even with properly functioning equipment, serious harm can occur if the medical staff fails to adequately monitor the patient themselves.

Liability for Injuries Due to Hospital Equipment

Many types of hospital personnel are responsible for patient care and medical device usage. Doctors, nurses or other trained professionals may be responsible for injuries related to improper equipment usage or inadequate maintenance. The hospital may be liable for patient injuries if it can be proven that machinery repair or replacement was delayed for any reason. If the equipment has a defect, the manufacturer may also be held responsible for any injuries that resulted from its use. Any or all of these parties may be named — and found liable — in a malpractice lawsuit.

Hospitals and medical professionals have a responsibility to provide safe care to patients in all cases, and this includes the proper usage and maintenance of technological and mechanical equipment. If you or a loved one has suffered an injury of this nature, seek the counsel of an experienced attorney. In northern Utah, contact Rasmussen and Miner to discuss any potential malpractice injuries.

Negligent Prenatal Care Risks

Negligent Prenatal Care

Women who experience negligent prenatal care are significantly more likely to suffer serious complications, potentially resulting in injuries or even death to the mother, her baby or both. Pregnancy is stressful enough, and no woman should have to worry that her obstetrician or other medical professionals may provide inadequate or negligent care. Unfortunately, the frequency of such incidents is on the rise, thanks in part to shrinking insurance benefits and overworked doctors and nurses. Negligence resulting in health problems for the mother or the baby may be grounds for a malpractice claim against those responsible for the mother’s prenatal care.

Effective Prenatal Care Treatment

Proper prenatal care typically involves an obstetrics team, including doctors, nurses, ultrasound technicians, and in some cases, medical specialists. This team is responsible for the early detection and appropriate management of any risks to the health of mother and baby. Regular checkups, bloodwork, routine tests and ultrasounds are key to identifying potential risks. Proper follow-up and treatment for any identified pregnancy conditions and complications can help to prevent critical health problems from developing.

Risks to Mother’s Health

Negligence is often the reason that medical professionals miss critical health factors and symptoms that can place a pregnant woman at higher risk for complications. An undetected ectopic pregnancy, for example, can cause life-threatening blood loss. Or doctors may neglect to recognize and treat hypertension or gestational diabetes, which can lead to preeclampsia or other severe medical problems for the mother. Dangerous health conditions may also develop if medical professionals fail to properly diagnose and treat infections during the pregnancy. Negligent care that leaves the mother with long-term or even irreversible health issues may be justification for a medical malpractice claim.

Risks to Baby’s Health

The actions or inactions of the obstetrical team directly affect the fetal development and health of the baby. A folic acid deficiency can cause spina bifida, for instance, and nutritional deficiencies or infections can lead to other significant lifelong health issues for the baby. Poor prenatal treatment may also result in premature birth, fetal stroke or brain disorders like cerebral palsy. A failure to notice or address fetal distress can, in some cases, lead to the wrongful death of the baby.

Every pregnant woman deserves quality medical care for both herself and her baby. Unfortunately, some women end up facing the consequences of negligent medical treatment. When preventable pregnancy complications cause adverse health effects or infant death, a medical malpractice claim may be appropriate. If you or your baby has suffered a serious medical problem, contact the experienced professionals at Rasmussen and Miner to explore your options in response to negligent prenatal care.