Hospital Malpractice Lawyer Salt Lake City, UT

Pursuing Compensation After Hospital Malpractice

If you have been a victim of hospital malpractice, our Salt Lake City, UT hospital malpractice lawyer is here to help. When doctors or hospital workers act negligently, they can cause harm to the patient under their care. Injuries that are the result of hospital malpractice can be serious, catastrophic, and even deadly. Unfortunately, these incidents are more common in the U.S. than many people realize. If you’ve suffered injuries due to hospital malpractice, you have a right to file a claim against the at-fault party. Contact Rasmussen & Miner today to schedule a free consultation.

Defining Hospital Malpractice

There are many possible reasons for a medical mistake in a hospital, as an experienced hospital malpractice lawyer Salt Lake City UT can provide might attest. In some cases, mistakes are made because the staff is undertrained, lacks experience, or isn’t given the proper equipment.

Some hospitals experience budget cuts or understaffing, and this can lead to an overall decrease in medical care quality. For example, if nurses are assigned too many patients they may be more likely to make a mistake or not provide adequate care and attention for each patient. Other cases of hospital malpractice are simply caused by oversight of the staff. If a hospital lacks adequate supervision it can result in increased incidents of human error, putting patients at risk. 

The American Board of Professional Liability Attorneys, otherwise known as the ABPLA, says that medical malpractice occurs when a doctor, hospital or other healthcare professional is found to be causing harm to a patient by an act of negligence, and Rasmussen & Miner agrees. Healthcare professionals are expected to have quality medical care during childbirth, and it may be considered medical malpractice if your child has experienced a brain injury due to careless mistakes during childbirth.

Medical malpractice can cause several types of birth injuries, such as the following listed below. This is not an exhaustive list, but it is some of the most common birth injuries that medical malpractice can cause.

• Brain damage
• Cerebral palsy
• Erb’s palsy otherwise noted regular plexus injuries
• Hypoxic-ischemic encephalopathy
• Kernicterus
• Newborn cephalohematoma
• Newborn jaundice
• Shoulder dystocia
• Spinal cord injury
• Wrongful death

Some symptoms and injuries that are caused by medical malpractice are listed below. This is not an exhaustive list, but simply some of the most common symptoms of birth injuries.

• Arching neck and body
• Blindness or deafness
• Communication issues
• Excessive sleepiness
• Failure to meet development of science on such as crawling, sitting or standing
• Feeding difficulties
• Floppy or stiff muscles
• Inability to move on one side of the body
• Sharpen loud crying
• Seizures
• Swelling or soft spots on the head

The primary cause of birth injury malpractice is because the medical professionals were careless and made medical mistakes that could have been avoided during or shortly after the childbirth. Below is a list of situations that might be considered birth injury medical malpractice, and while this list does not exist of her exhaustive, it is a good place to start before you reach out to your attorney because you get to go to your lawyer with an idea of why you’re there.

• Excessively pulling on the baby’s head, shoulders and their arms
• Failure to diagnose maternal infection
• Failure to identify risk factors during pregnancy
• Failure to order necessary test for mother before delivery
• Fair to reform cesarean section
• Failure to recognize food or distress and lack of oxygen
• Improper use of forceps or vacuum
• Lack of aftercare for mother and child
• Misdiagnosing a life-threatening birth trauma as something less serious
• Prescribing medication that can harm the baby

It is important that you understand that the mother can also suffer permanent injuries that are sustained during childbirth from medical malpractice such as blood clots, diabetes, hemorrhage, infections, preeclampsia, severe regional tears, uterine ruptures and more.

Causes Of Hospital Malpractice

Patients have the right to count on a hospital or medical facility to provide a standard of care and safety. This does not always happen. Hospital staff who act negligently after misdiagnosing patients, failing to provide treatment, misreading lab results, or other critical errors can cause serious or even life-threatening injuries to patients.

Supervisors are also responsible for ensuring that their staff is providing sufficient care and proper treatment for patients. When this standard of care is not met, and an injury results, it may be possible to file a hospital malpractice claim. More than one party may be held liable. Our experienced hospital malpractice lawyers have seen incidents of:

• Undertrained staff
• Insufficient staffing
• Unsafe facilities
• Unclean facilities
• Hygienic equipment
• Inadequate equipment
• Lost records or results
• Poor communication

Hospital malpractice can result in unpreventable injuries or death including:

• Infections
• Birth injuries
• Falls
• Misdiagnosis
• Over medication
• Prescription errors
• Failure to diagnose
• Improper care

Injuries due to medical malpractice in hospitals can affect a patient for years. They may require long-term care for months or years. A number of patients suffer from permanent health conditions. The injuries sustained can have a catastrophic impact on a person’s life and necessitate lifelong care. Permanent injuries or disability may also result. Victims who have experienced medical negligence as a result of a physician or medical professional’s carelessness or recklessness can take action and seek legal help. Having a lawyer at your side can make a tremendous difference in the outcome of your case, especially against a hospital that has a highly experienced legal team. There are many complex elements in a medical negligence case. Our team of hospital malpractice lawyers in the Salt Lake City, Utah area  understand the consequences of a hospital malpractice case and work hard to define and prove the elements to ensure our clients recover maximum compensation.

Types Of Hospital Malpractice

There is a certain amount of risk involved in nearly any medical undertaking, as a seasoned hospital malpractice lawyer in Salt Lake City UT might explain. Medical teams draw from their knowledge and experience to determine the best treatments for their patients. However, every patient is affected differently by various treatments so there is no guarantee that a procedure or medication will be effective. Doctors and nurses rarely have the ability to promise a patient, with 100% certainty, that a procedure will happen without any risks. However, medical professionals still have a duty to provide a reasonable standard of care to their patients. They are responsible for making sure that a patient receives sufficient care and is treated properly. If they make errors or have acted in a manner that was careless or reckless and resulted in injury to a patient, the patient has a right to bring a claim against the involved parties. A patient may have a credible malpractice claim if he or she can prove that the medical professional displayed gross negligence, that this negligence directly led to an injury, and that this negligence could have been prevented or mitigated with a reasonable amount of care.

Some common examples of mistakes made in hospitals include:

• Medication errors
• Misdiagnosis or late diagnosis
• Malfunctioning medical equipment
• Unsanitary medical equipment

If you suspect that your injury was the result of hospital malpractice, you are urged to speak with a lawyer and discuss your experience. They will assess your case and gather the facts to see if you have a valid claim. If you have been a victim of negligence that amounts to hospital malpractice, the legal team at Rasmussen & Miner will fiercely advocate for your rights. There is limited time to file a claim, so schedule a confidential consultation to learn about your full legal options. 

Malpractice In The Delivery Room

The birth of your child should be the most magic moment of your life, but if incompetent medical staff injure you or your baby, you should contact a hospital malpractice lawyer Salt Lake City UT trusts as soon as possible.

A new life is fragile, but there are some instances in which your medical care providers will need to get a little more involved in your child’s delivery. Read on to learn more about forceps deliveries, and see how you can get compensation if you or your child have suffered at the hands of delivery room staff.

• Forceps Are A Common Tool

You may have seen them before, or heard of them. Forceps are basically oversized salad tongs that doctors can use to assist your baby if he or she is having a little trouble leaving the birth canal. The forceps fit around your baby’s head, and your doctor pulls gently and in time with your contractions.

• Forceps Are Generally Safe To Use

They’re a common tool because they’re effective, and in the right hands they shouldn’t cause any serious problems. In fact, there are some types of forceps that are set up more like suction cups that use a gentle vacuum to further reduce the risk of injury to your child.

• Untrained Or Unprepared Personnel Can Hurt Your Child

While forceps can be a useful tool in the delivery room, like all tools there’s a proper time and place for their use. As a Salt Lake City hospital malpractice lawyer from our office can explain, if a doctor or other delivery room personnel fails to use their forceps safely and properly, your child can be injured in the very first moments of his or her life outside of the womb.

• Some Forceps Injuries Can Be Serious

Forceps injuries are most commonly bruises or scratches, but in other cases they can be much more severe. There’s a very real risk of eye damage when an untrained medical professional misuses forceps, and if he or she uses them with too much force, your child may even suffer skull fractures or seizures.

• The Right Hospital Malpractice Lawyer Can Help

Hurting your child is inexcusable, especially if it’s in the first few moments of his or her life. Forceps may be a relatively simple tool, but they can cause serious injury that your child may potentially never recover from. While forceps are effective in the right hands, if they caused an injury to you or your child, the responsible party should be held accountable for those injuries, and you deserve compensation. The right lawyer can investigate your case.

Salt Lake City Hospital Malpractice Infographic

Salt Lake City Hospital Malpractice Statistics

Hospital malpractice is a serious concern that affects patient safety and the quality of care provided in healthcare facilities. It refers to situations where healthcare providers, including doctors, nurses, and hospital staff, fail to meet the accepted standard of care, leading to patient harm. Hospital malpractice can involve errors such as misdiagnosis, surgical mistakes, medication errors, and neglect.

Prevalence of Hospital Malpractice: According to the National Practitioner Data Bank (NPDB), hospital malpractice claims comprise 30-40% of all medical malpractice claims in the United States. Medical errors are estimated to be the third leading cause of death in the U.S., responsible for over 250,000 deaths annually. This includes errors in diagnosis, treatment, medication, and other healthcare-related areas.

Types of Malpractice: The most common types of malpractice claims against hospitals include surgical errors, medication errors, misdiagnosis, and birth injuries. Surgical errors, such as performing surgery on the wrong site, are among the most serious types of malpractice claims. Medication errors, often involving wrong prescriptions or incorrect dosages, also contribute to a large portion of hospital malpractice claims.

Financial Impact: Hospital malpractice has a significant financial burden. In the U.S., the average settlement for a hospital malpractice claim can range from $500,000 to several million dollars, depending on the severity of the case. In some cases, these settlements can reach over $10 million, especially when the negligence leads to permanent injury or death.

Patient Outcomes: Malpractice in hospitals can lead to long-term consequences for patients, including permanent disability, chronic pain, or death. It is estimated that 2-3% of hospitalized patients will experience some form of preventable harm during their stay.

 

 

Hospital Malpractice FAQs

If you or a loved one have experienced harm or negligence from a Utah medical professional, it would be in your best interest to contact our Salt Lake City firm today, and start your journey toward justice and compensation. 

What Is Considered Medical Malpractice?

Medical malpractice is when an individual experiences unnecessary pain, treatment, lack of care, negligence, or abuse at the hands of a medical professional.  Examples of medical malpractice in a hospital include the misdiagnosis of a patient’s medical condition, prescription and surgical errors, misinterpretation of lab results, failure to treat or recommend specialists, and withholding of care from the patient.

Patients may also experience unnecessary complications following medical negligence or abuse from a medical professional. If a baby is injured during birth from a poor forceps operation, the parents should contact our Salt Lake City hospital malpractice attorney as soon as possible. 

What Steps Should I Take After Experiencing Medical Malpractice?

In the event of harm or negligence have occurred by a medical professional, the patient should contact a malpractice lawyer as soon as possible. By sharing their experience with an attorney, documenting the malpractice, and collecting evidence, the victim ensures they have everything they need for their case and can proceed to the next step.

At Rasmussen & Miner, clients receive a free consult with our medical malpractice lawyer. Following the consultation, our attorney will advise the client on what they think would be the best course of action in pursuing justice and compensation. 

Will Every Medical Malpractice Case Go to Trial?

The short answer is no, not every medical or hospital malpractice case will go to trial. Most individuals may be surprised to hear that lawsuits should be a client’s final option. Many malpractice attorneys counsel their clients to pursue other means of justice and compensation first before filing an official lawsuit that may result in a trial.

For example, if medical malpractice has occurred in a hospital, the client should contact the hospital responsible, or have their attorney contact the hospital on their behalf. Sometimes an agreement can be reached with the hospital at fault directly, rather than filing a lawsuit. If the hospital is not willing to cooperate or communicate, the client has made steps toward settlement instead of rushing to a legal option for a solution. Contact our Salt Lake City hospital malpractice lawyer today to schedule a risk-free consultation today and fight for fair compensation, accountability, and justice.

What Factors Must Be Present to File a Medical Malpractice Claim?

In general, the following must exist for an individual to make a medical malpractice claim:

• A doctor-patient relationship
• The doctor, hospital, or medical professional acted negligently in diagnosing or treating the patient, which is proven by showing that a competent doctor under the same circumstances would not have caused the harm the patient suffered
• The negligence caused the patient’s injury
• The patient suffered specific damages, which may include physical pain, mental suffering, increased medical bills, or the inability to work

How Long Do I Have to File My Claim?

Under Utah law, a victim must file a claim within two years of the date he or she became aware of or should have become aware of, the medical malpractice (this period is known as the statute of limitations). However, a claim cannot be made more than four years after the date of the malpractice, regardless of when the malpractice was discovered.

If the victim is under 18 years old, the statute of limitations is usually extended. A Salt Lake City UT hospital malpractice lawyer can help determine what it would be in your case.

Is There a Cap on How Much Damages I Can Collect?

There is a restrictive non-economic damages cap under Utah’s malpractice law. Utah law does not cap economic damages. Economic damages are medical expenses, loss of income, and other damages that have a quantifiable (actual financial) value. In other words, whatever the past, present, and future cost of those damages are, the victim is entitled to the full value.

Non-economic damages are those losses that do not have a quantifiable value and must be determined using other factors. Non-economic factors include pain and suffering, emotional trauma, scarring, disfigurement, loss of life enjoyment, and more. Unfortunately, because of Utah’s cap, a malpractice victim can only collect up to $450,000 in damages.

Rasmussen & Miner, Salt Lake City Hospital Malpractice Lawyer

1334 2nd Ave, Salt Lake City, UT 84103

Contact Our Salt Lake City Hospital Malpractice Lawyer Today

At Rasmussen & Miner, we understand how challenging and frustrating it can be to deal with hospital malpractice. When we rely on healthcare providers, we expect proper care and attention – not further injuries or negligence. Fortunately, we’re dedicated to ensuring each of our clients has a chance to get the compensation they deserve for their pain and suffering. Reach out to our hospital malpractice lawyer in Salt Lake City, Utah, today, and see how Rasmussen & Miner can help you.

Read more of our Google reviews and let us know how we can help you with your hospital malpractice case.