Hospital Malpractice Lawyer Salt Lake City Utah

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Hospital malpractice lawyer Salt Lake City UT

hospital malpractice lawyer Salt Lake City UT

A dedicated hospital malpractice lawyer Salt Lake City UT residents trust from Rasmussen & Miner understands that when a patient is a victim of malpractice, it can be devastating to both the patient and their family. Our attorneys have successfully represented many medical malpractice victims and their families to obtain the financial compensation they deserved for injuries they suffered.

Incorrectly diagnosing, overseeing a critical detail, prescribing the wrong medication, and surgery mistakes are among the many reasons that medical malpractice happens. But, the list doesn’t end there, so anyone that is wondering whether they have a case for medical malpractice is welcome to speak with a lawyer from our law firm as soon as they are able to make a phone call.

Medical malpractice occurs more frequently than people realize, and some victims may not even know they have the right to seek compensation for their injuries. While receiving negative news isn’t necessarily cause for a medical malpractice lawsuit, it can bring a peace of mind to at least know whether you have grounds to bring litigation forward. 

Our team is ready to speak with you, so don’t hesitate to reach out. You can trust you are in good hands with a dedicated lawyer from Rasmussen & Miner.

Medical Errors

One of the most common and deadliest types of injuries are malpractice or medical errors. According to several national studies, medical errors should be labeled as the third leading cause of death in the United States, with only cancer and heart disease claiming more lives. There are approximately 250,000 patients killed each year because of mistakes by medical personnel. Medical errors kill more people annually than all respiratory diseases combined.

A seasoned lawyer knows that some of the most common medical errors that occur to patients in hospitals include:

  • Misdiagnosis: This is the most common type of medical error that seriously harms or kills patients. A missed or incorrect diagnosis may lead to a delay in treatment, causing a patient’s condition to worsen, often with tragic consequences.
  • Medication Errors: More than 60 percent of patients who are hospitalized do not receive their regular medication while they are in the hospital. Even more frightening, every year there are more than 1.5 million patients who are seriously injured because they are given the incorrect dosage or medication.
  • Unnecessary Tests, Treatments, and Procedures: Multiple studies have revealed that patients are all too often exposed to tests, treatments, and procedures that are not needed and can expose them to dangerous risks that often lead to serious or fatal injuries. For the medical industry, this contributes to their annual profit of $700 billion.
  • Infections: Hospitals are full of germs, but failure of medical staff to maintain the correct sanitary and sterilization techniques leads to 1.7 million patients catching hospital-acquired infections each year. These infections kill almost 100,000 people annually.
  • Never Events: Never events are incidents that occur that should never have occurred, such as operating on the wrong limb or leaving sponges in a patient’s body after surgery. The consequences of these events can be horrific for patients and result in severe infections, amputations, or even death.
  • Anesthesia Errors: When too much or too little anesthesia is given to a patient, or their body doesn’t respond well to it, things can go awry. In general anesthesia, a patient is not conscious or aware of their sensations. Regional anesthesia numbs a certain part of the human body. And for local anesthesia, a small area is numbed through a local anesthetic. Misuse of or failing to observe potential complications can cause a person to be aware during a procedure, feel sensations, or succumb too deeply into the anesthesia which can result in injury or death.

    Examples of misuse of anesthesia include administering the incorrect type of dose, providing it too late, failing to put the patient fully under anesthesia, or not properly managing the administration of fluids and medications.
  • Emergency Room Errors: Emergency rooms tend to be chaotic, however, medical professionals must be trained to handle difficult situations and have to provide a high standard of care regardless of how hectic the environment. Negligence committed on behalf of a nurse, doctor, or other medical staff member can cause serious, long-term, and debilitating injuries for the patient. Emergency room negligence can entail the following:
  • Failing to monitor a patient after treatment
  • Misreading x-rays, MRIs or charts
  • Failing to observe and diagnose a condition
  • Medication errors
  • Failing to observe and/or treat infections
  • Making the wrong medical diagnosis

Doctor Negligence

When we go to the doctor, we have a general feeling that we will be taken care of. When our doctor fails to provide us with quality medical attention, it can rattle us. We were taught from a young age that doctor’s save lives, in which they surely do, but there are instances where a mistake results in severe harm or death to a patient. If this happens, the patient or the surviving family members can pursue legal action. If you feel that any of these elements apply to your situation, we urge you to call Rasmussen & Miner today:

  • You were not listened to. It is the doctor’s duty to listen to your symptoms and assess what could be going on. A doctor should not shrug off symptoms that are important to you or other concerns that you express. 
  • Your key symptoms were not recognized. Doctors are trained to make diagnosis conclusions based on the patient’s symptoms. Not making a diagnosis, even though certain symptoms indicate a condition or illness, may constitute as hospital/medical malpractice if injury was caused because of it.
  • Your medical history was not examined. Doctors are to examine their patient’s medical histories, including illnesses that have been present in the family. A condition may worsen that would have otherwise been identifiable.
  • Tests were not ordered or results were not interpreted correctly. It is the responsibility of the doctor to perform diagnostics, order the appropriate tests, and then interpret the results accurately.
    What Does Filing a Hospital Malpractice Case Entail?

A hospital malpractice claim is a kind of personal injury claim. Essentially, an experienced UT hospital malpractice lawyer in Salt Lake City at our firm will ask you questions about your situation and begin investigating your circumstances in order to start building a case on your behalf that is as strong as possible. Personal injury claims generally need to prove that the individual and/or entity that harmed a victim owed that victim a so-called “duty of care” under the law.

For example, if you were a patient on a particular service within a hospital setting, the healthcare providers on that service are duty-bound to provide you with the same kind of care you’d receive from other knowledgeable healthcare providers practicing on that service elsewhere in the country. If they “breach” that duty and you suffer injury or illness as a direct result of that breach, you will likely have strong grounds to file a hospital malpractice claim.

The experienced legal team at Rasmussen & Miner has extensive experience representing the interests of hospital malpractice victims. Therefore, we know what kinds of questions to ask and evidence to obtain to accurately assess the relative strengths and weaknesses of any particular case. Too often, malpractice victims believe they have no options for recourse because their healthcare team has not admitted to any wrongdoing or even explained that a mistake has been made.

If you are unsure of whether you have grounds to file legal action, that’s okay. You don’t need to know for sure that any particular individual or entity was at-fault for the harm you have suffered in order to explore your legal options in a risk-free, confidential consultation setting. In fact, you’ll likely be doing yourself a favor by scheduling a consultation. Even if it turns out that you don’t have strong grounds to file a legal claim, you’ll have clarified your situation and won’t be left wondering, “What if?” well into the future.

The Proof Needed for Hospital Malpractice Cases

A case of malpractice is more than accusing a doctor or the hospital where you were treated. What type of proof does a hospital malpractice lawyer in Salt Lake City UT have to present?

Responsibility of Care

First, your lawyer must show that the physician treating you had legal responsibility for your care. This is also called a doctor-patient relationship. Your hospital malpractice lawyer in Salt Lake City UT can use your medical records to show the times you visited the doctor or hospital in question.

It’s not possible to sue doctors for malpractice if they just happened to be present during an emergency. For example, if someone was injured in a car accident and a doctor happened to be nearby, the doctor wouldn’t be liable for malpractice because no doctor-patient relationship existed. However, you may be able to sue the doctor for other reasons if their unwanted actions caused you harm.

Negligence

Hospital malpractice applies to cases of negligence on the part of doctors, surgeons, nurses and other healthcare workers. Negligence involves actions that are incompetent or reckless. When a doctor makes a mistake that most competent doctors wouldn’t have made, it’s negligence. The same principle would apply to extremely unprofessional actions, such as attending to patients while intoxicated.

Sometimes, despite a doctor’s best efforts, surgeries don’t work out as expected. There can be unexpected complications. These aren’t cases of negligence because they could happen to any physician. If you’re not sure which situation sounds like your case, talk to our team at Rasmussen & Miner: Personal Injury Attorney. We can let you know right away if malpractice occurred.

Injuries or Harm

Your hospital malpractice lawyer in Salt Lake City UT also has to show the specific harm or damages that you suffered because of the doctor’s actions. These damages can include physical pain, health problems, additional medical bills, lost wages, ongoing disabilities that interfere with your ability to work, and emotional or mental suffering.

At Rasmussen & Miner: Personal Injury Attorney, we can gather the necessary evidence for you. This includes medical test results and hospital records, expert testimony from other doctors and eyewitness testimony from other personnel.

Liability

Finally, a hospital malpractice lawyer in Salt Lake City UT has to connect the dots between all responsible parties. There needs to be proof that the doctor’s actions specifically caused your injuries. If the doctor was employed by the hospital, you can also sue the hospital itself.

Should I Speak with Hospital Administrators First?

It is generally not a good idea to speak with hospital administrators before you speak with our firm. Why? Hospital administrators will likely have hospital lawyers present when they meet with you. Those lawyers will be present to better ensure that the hospital’s interests are well-represented as administrators speak with you – a patient who may have suffered harm as a result of the hospital staff’s actions. You need to have an experienced advocate present who can better ensure that your interests are represented in such a meeting. If you don’t have a lawyer present, you may unintentionally say something that could devalue your case.

Alternatively, you could feel pressured to accept a settlement offer that is worth far less than the compensation to which you may be entitled. If you haven’t already spoken with hospital administrators, please try to avoid doing so until you’ve spoken with our firm. It would be our honor to protect your rights and interests at this time.

Not just any law firm can handle your case

Although medical malpractice is part of personal injury law, cases alleging hospital malpractice are very different from car accidents, slip-and-fall accidents and other common injury scenarios. A Salt Lake City, UT Hospital Malpractice Lawyer needs to have the skills, experience, resources and dedication to see a case through from beginning to end.

The attorneys at Rasmussen & Miner have all of these characteristics and more. Below, we explain why each is important:

Legal skills and the ability to simplify complex knowledge: Some cases of hospital negligence are clear-cut and obvious. But most cases involve nuanced decisions made by medical specialists. Some of the medical knowledge required in these cases isn’t even common among other medical providers. To be effective, a Salt Lake City, UT Hospital Malpractice Lawyer needs to be able to understand this complex information as well as how it may have led to an error and patient harm. He then needs to simplify this information in a way that makes it clear to jurors who will decide the outcome of the case.

Experience in this area of law: Getting answers in any investigation requires knowing who talk to and which questions to ask. Hospitals and physicians are very careful to avoiding saying things that would admit or even imply liability. Therefore, the attorney must know the right questions to ask based on careful study of medical records, consultation with outside medical experts and discussions with the victims in the case. At Rasmussen & Miner, we have considerable experience in medical malpractice litigation, and we understand which sources of information are most likely to help us uncover the truth.

The resources to build a case: Combing through medical records, hiring expert witnesses, holding depositions and preparing a case for a trial require a major investment of money and legal resources. To be successful, a Salt Lake City, UT Hospital Malpractice Lawyer must be willing and able to expend those resources efficiently and strategically.

Dedication to clients and justice: A medical malpractice case can take years from the time it is filed to the time that a jury reaches a verdict. When the attorneys at Rasmussen & Miner agree to take your case, we do so because we believe that you were harmed by medical negligence and that we can help you obtain the compensation you deserve. We know that a case can take years, but we see it through from start to finish. Many other attorneys – even great attorneys – are not able or willing to invest the time and work that these cases require.

If you or someone you love was seriously harmed by the negligence of a hospital or physician in Utah, it is important to understand your rights and legal options. But don’t contact just any personal injury attorney. Reach out to our firm for the practical, relevant information you need and an honest assessment of your legal matter. 

Medical Malpractice: the Uninformed Consent

The meaning of informed consent is when a patient is supplied with enough information to make a sound decision about their medical care. When you are about to have surgery or any type of medical care that requires your signature before treatment begins, a dedicated member of the health care team should provide you with both written and verbal information before proceeding. Some patients believe that once a consent form has been signed, it disqualifies them from being able to seek legal help if they are the victim of medical malpractice. Rasmussen & Miner: Personal injury Attorney’s are here to help you understand your legal rights if you are a victim of injuries sustained because of a surgical or medical procedure.

What if you signed a consent form at a doctor’s office, hospital, or free-standing clinic and something went wrong? Did you completely understand what you permitted the doctors to do? Here are three indicators that you were not properly informed before you signed that consent form.

Omission

The health care provider did not tell you all the risks of the surgery or procedure. You should know both the risks and benefits of a procedure before it is performed. If you are scheduled to have surgery, and the person who reviewed the details with you did not tell you all that could go wrong during or after surgery, this is considered an error of omission. If you are a victim of such an error, a hospital malpractice lawyer at Rasmussen & Miner: Personal injury Attorney’s in Salt Lake City, UT, can help you.

Inconsistent Information

The surgeon said one thing before surgery but changed the choice of words after the surgery which subsequently resulted in a complicated recovery or injury. A hospital malpractice lawyer in Salt Lake City, UT, can review your case and determine if malpractice has occurred.

Verify Understanding

Most times, the information a doctor is sharing with you is complex. Therefore, doctors must use language and terminology that is common to your level of understanding. If the doctor did not take the time to verify your level of knowledge by asking you to repeat back what was explained or by asking you specific questions about the procedure or medical treatment, then you were inadequately informed. Likewise, if the surgeon or health care provider who met with you did not give you time to ask questions, you did not have enough information to make an informed consent. Contact a hospital malpractice lawyer at Rasmussen & Miner: Personal injury Attorney’s in Salt Lake City, UT for help.

Our Firm Is Here to Help

If you or a loved one has been the victim of a medical error, please call our office today. The legal team at our law firm are available to meet and discuss your case and help you decide what legal options you have available. Call a compassionate Salt Lake City, UT hospital malpractice lawyer today by dialing (801) 363-8500 to set up a free consultation at Rasmussen & Miner.