Hospital Negligence Lawyer Salt Lake City, UT

Protecting Your Rights After Hospital Negligence

When an injury occurs due to staff negligence at a professional medical facility, such as a hospital, the effects can be catastrophic. Several details could change the credibility of a medical malpractice claim, as our experienced Salt Lake City, UT hospital negligence lawyer can attest.

There is typically a certain amount of risk involved in nearly any medical procedure or treatment; medical staff in a hospital can rarely give patients concrete promises that a procedure will be completed without any errors. Patients may even be asked to sign agreement forms or waivers to acknowledge the risks involved in a procedure or treatment. However, there are some cases where patients are injured because a medical professional did not exhibit a reasonable standard of care.

There are a few elements that must be present in a credible malpractice case:

• There must be an official patient-doctor relationship
• The amount of care provided by the doctor falls below the accepted standard of care in that particular condition; i.e., a doctor’s negligence could have been prevented or mitigated with a reasonable amount of care
• This negligence is what caused harm to a patient
• The harm resulted in a quantifiable injury

Medical malpractice cases can result in substantial damages for the injured patient, but these types of personal injury claims can be complicated to prove. Hospital malpractice cases can be even more complicated. This is because liability is not always clear when a doctor in a hospital makes a mistake. If you or a loved one has experienced hospital negligence, contact Rasmussen & Miner today.

Table Of Contents

The Challenges Of Hospital Negligence

As one of our Salt Lake City hospital negligence lawyers can explain, the malpractice and injury is unfortunately just the tip of the iceberg if you choose to pursue legal action against a hospital. You may be swamped with bills for treatments you didn’t need, and your medical condition may be just as bad – or worse – than before.

But filing a lawsuit is a whole other battle you’ll have to prepare for. If you’ve been abused, mistreated, or just plain suffered because of incompetent medical staff, you probably think you have a pretty solid case for a hospital negligence lawsuit. A medical malpractice or hospital negligence lawsuit involves a lot of moving parts, and you have to make sure you have everything lined up before you take legal action. Read on to learn more about what a hospital negligence suit requires and see how the right lawyer can make all the difference.

Hospital Negligence And Liability

Hospital negligence, in particular, can become very complicated simply because of the liability issues that may arise. Some hospitals do not directly employ doctors. Instead, they have agreements between doctors as independent contractors or with other medical offices that directly employ doctors. This complex web of contractual employees can make it difficult to collect damages because it can skew the lines of who should be held liable. The most critical point in these cases is that the hospital itself might not be responsible when a contract doctor makes a mistake.

However, it may be possible to collect damages from the doctor or the firm that employs the doctor. Alternatively, certain situations involving negligence may justify seeking compensation from the hospital. If a hospital gives practicing privileges to a doctor who is not competent, the hospital might be responsible if that doctor is negligent and harms a patient. These situations depend on many individual factors. It is essential to talk with a hospital negligence lawyer in Salt Lake City, Utah, to determine which party or parties may be liable in your case.

Very Rarely Can A Hospital Be Held For Negligence On Part Of the Doctor

If the doctor was negligent, there is a good chance that the hospital will not be held liable. In most cases, the doctor is not employed by the hospital; instead, they have admitting privileges and work as an independent contractor. If the doctor was an employee of the hospital, the facility could be held liable. Determining whether or not this is true will require research and investigation by a hospital negligence lawyer from the Salt Lake City, Utah area.

Elements Of A Hospital Negligence Case

For your case to be valid, the victim must demonstrate the following: the hospital owed you a standard of care and this care was violated, you were harmed or injured because of the violation, and you suffered significant damages because of the violation made by the hospital.

• Employee Negligence

The hospital typically employs nurses, technicians, and other staff. If a hospital employee was doing their job and caused injury to the patient, the hospital could be liable.

• Improper Hiring

A hospital could be held liable for negligence if it failed to make reasonable inquiring during the hiring process of staff. This may include keeping an individual on staff even when the hospital knew they were untrained or incompetent.

• Inadequate Staffing

A hospital has a duty to ensure there is enough medical staff on hand at all times to provide quality care. If the facility is understaffed and a patient was harmed because of this, they may be liable.

• Apparent Agency

In general, hospitals will inform patients that the doctor is not their employee on the admission forms. If you believed the doctor was an employee of the hospital, the facility could be liable.

Salt Lake City Hospital Negligence Infographic

Salt Lake City Hospital Negligence Statistics

Hospital negligence refers to situations where a hospital or its staff fail to provide the standard level of care expected, leading to harm or injury to patients. These incidents can occur due to errors in diagnosis, medication administration, surgical procedures, or general care. Hospital negligence is a significant concern in healthcare, as it leads to both physical and financial consequences for patients and legal action against medical professionals and hospitals.

Prevalence of Hospital Negligence: According to data from the National Institutes of Health (NIH), medical errors, including those arising from hospital negligence, are the third leading cause of death in the United States, responsible for approximately 250,000 deaths annually. This highlights the severity of the issue and its impact on public health.

Types of Hospital Negligence: The most common types of hospital negligence include:

• Surgical Errors account for about 30% of negligence claims. These can include performing surgery on the wrong part of the body, leaving surgical instruments inside the patient, or making anesthesia mistakes.
• Medication Errors: Around 20% of hospital negligence claims are related to medication errors. These include administering the wrong medication or dosage or failing to consider patient allergies.
• Diagnostic Errors: These are responsible for about 15% of negligence cases. Misdiagnoses, delays in diagnosis, or failure to order the correct tests contribute to these claims.

Financial Impact: The cost of hospital negligence is substantial. The average settlement for hospital negligence claims ranges from $500,000 to several million dollars, depending on the severity of the error and the extent of harm caused to the patient.

Legal Claims and Lawsuits: Hospital negligence is one of the leading causes of medical malpractice lawsuits. About 15% of all medical malpractice claims are related to hospital negligence.

 

Hospital Negligence FAQs

Do I Need A Lawyer To File A Hospital Negligence Claim?

Hospitals are either for-profit enterprises or nonprofit enterprises run much like corporations are. For obvious reasons, hospital administrators do what they can to protect their bottom line and their reputation. As a result, hospitals tend to fight negligence and malpractice claims with great determination. Sometimes, hospitals will offer settlements to patients who have been negatively affected as a result of medical mistakes.

However, these initial settlement offers are often very undervalued. It is their hope that by offering a settlement in exchange for a promise not to sue that patients will accept the undervalued compensation amount in an effort to avoid a contentious legal process. Patients often realize far too late that their settlement amounts don’t come close to covering all the long-term care, effects of missed wages, etc. that are impacting their families.

It is for all these reasons and more that it’s vitally important to work with our experienced Salt Lake City negligence lawyer if you’ve been harmed in a hospital setting.

Do I Need To Act Right Now Or Can I Wait?

Given all that you’ve recently been dealing with, it can be understandably tempting to hold off on connecting with the legal team at Rasmussen & Miner until you’re less overwhelmed and, quite possibly, dealing with less pain and disruption to your daily life.

However, it’s important to connect with an experienced Utah hospital negligence attorney at our firm as soon as you possibly can. There are a few reasons why it will benefit you to act quickly. First, the law only allows victims of medical negligence so long to file legal action before they are barred from doing so.

You don’t want to “let the statute of limitations run out” before you look into seeking the compensation to which you may be rightfully entitled. Second, evidence can be compromised over time as memories fade, systems are updated, etc. The faster you alert our team to your situation, the more likely it will be that we can effectively preserve evidence that may make the difference in your case. Finally, chances are that medical bills, consequences of lost wages, etc. are wearing on your family’s budget. The faster you act, the more quickly we can get you access to any compensation to which you may be entitled.

What Are Examples Of Hospital Negligence?

Hospital negligence happens when a patient suffers harm due to a hospital employee’s negligent act. Different types of hospital negligence may include unnecessary surgery, misdiagnosis of an injury or illness, failure to order proper testing, premature discharge, misreading laboratory results and surgical errors.

Why Does Hospital Negligence Occur?

When patients go to a hospital for treatment, they expect to come out feeling better. Unfortunately, this does not always happen. If hospital staff are negligent, patients are more likely to suffer injuries. One of the most common causes of hospital negligence is understaffed hospitals. Sometimes hospitals cut costs by hiring fewer doctors and nurses. This can delay treatment in patients.

Some doctors and nurses are overworked and don’t get enough rest. Without proper rest, they can’t focus and may make mistakes while working on patients.

Can I Sue For Hospital Negligence?

If a doctor or nurse at a hospital made a mistake and you suffered harm because of it, you may have a viable hospital malpractice claim. If you win your case, you may receive compensation for your medical bills, lost wages and other damages. A hospital negligence lawyer in Salt Lake City, UT may help you pursue a timely claim and gather the evidence you need to prove your case.

If I’m Not Satisfied With The Results Of My Surgery, Do I Have A Valid Hospital Negligence Claim?

Probably not. In many cases, there are no guarantees of medical results. Just because you did not get the results you wanted, does not necessarily mean that negligence occurred. To have a successful malpractice case, you have to demonstrate that you suffered an injury because the doctor deviated from the standard of care.

How Long Do I Have To File A Hospital Negligence Claim?

In Utah, the statute of limitations to file a hospital negligence claim is two years from the date the injury is discovered. After that deadline has passed, you will no longer be eligible for compensation.

Schedule a consultation with our hospital negligence lawyer in Salt Lake City today.

What Does A Hospital Negligence Lawsuit Require?

There are two main requirements behind every negligence case. First, you have to prove the hospital was negligent in the first place. Next – and just as importantly – you have to prove that you suffered an injury because of the negligence. When you prove negligence, you need to find evidence that the hospital’s staff neglected their duty of care and failed to keep you safe and healthy during any procedures or hospital stays.

You could also find evidence that proves the hospital staff (doctors, nurses, technicians, and more) acted unreasonably. This evidence takes some searching, and it may also require the help of a third-party medical professional who can help you build your case. Proving you suffered injury may also require the input from another medical professional.

You have to prove that any injury you suffered was directly because of a hospital’s negligence. This can be a challenge: A hospital can argue that you already had the injuries when you checked in, before you underwent any treatment. This is why it’s important to have a medical witness you can trust, and this is why it’s important to get in touch with a hospital negligence lawyer who can help you analyze your case.

Rasmussen & Miner, Salt Lake City Hospital Negligence Lawyer

1334 2nd Ave, Salt Lake City, UT 84103

Contact Our Firm Today

At Rasmussen & Miner, we know that a hospital negligence suit is an uphill battle – but it’s a battle you can still win with proper preparation and evidence. When you reach out to us for legal help with your hospital negligence case, we don’t look at you like just another paycheck, and we don’t offer cookie-cutter solutions. Every case is different, and every case needs its own team of experts to prove there was negligence so you can get the compensation you deserve. Contact us today and see how our team can help you move on.

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