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Hospital negligence occurs when an employee of a hospital, or medical center, causes harm to a patient through negligent act, omission, or mistake. Determining whether it was a doctor or the hospital who is responsible can be difficult, and should only be attempted with a good hospital negligence lawyer from Rasmussen & Miner in Salt Lake City, UT on your side.
Someone looking for a hospital negligence lawyer Salt Lake City UT has to offer may already know that medical injuries involving negligence can be very complicated. When an injury occurs due to the negligence of staff at a professional medical facility, such as a hospital, the effects can be catastrophic.
There are several details that could change the credibility of a medical malpractice claim, as an experienced hospital negligence lawyer Salt Lake City UT can provide might 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 very difficult to prove. Hospital malpractice cases can be even more complicated, as a seasoned hospital negligence lawyer Salt Lake City UT has to offer might explain. This is because liability is not always clear when a doctor in a hospital makes a mistake.
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 they have agreements with other medical offices that directly employ doctors.
As an experienced Salt Lake City UT hospital negligence lawyer might attest, 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 important point in these cases is that the hospital itself might not be liable when a contract doctor makes a mistake. However, it may be possible to collect damages from the doctor or from 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, for example, the hospital might be responsible if that doctor is negligent and harms a patient. These situations depend on many individual factors and it is important to talk with a hospital negligence lawyer in Salt Lake City UT 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 negligence, there is a good chance that the hospital will not be held liable. In most cases, the doctor is not employed by the hospital; rather, 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.
How To Figure Out If You Were Hurt during Your Hospital Stay
When you visit a hospital, you expect to be helped and treated. You certainly don’t think about the possibility of being hurt, neglected or traumatized by hospital staff and medical professionals.
However, as any hospital negligence lawyer in Salt Lake City UT can attest to, people face harm and negligence in hospitals more often than anyone wants to admit. Some are admitted into a hospital with a curable condition, only to be sent back home for the condition to progress to a more serious level.
Even more devastating is the fact that a hospital stay can result in unnecessary death.
Read on to learn how you can get to the bottom of a possible hospital negligence case, and how Rasmussen & Miner: Personal Injury Attorney can help you get justice.
1. Write Down Your Symptoms
First ask yourself why you feel like your hospital stay resulted in negligence. Are you physically hurt or mentally traumatized? Take note of all of your symptoms and let your hospital negligence lawyer in Salt Lake City UT know exactly how you are feeling. It is important to outline how this is different from the way you felt before or at the beginning of your hospital stay.
2. Recall All Details of Your Hospital Stay
Not many people remember all of the details of their hospital stay. Anesthesia, light sedation, and other factors play a role in the murky memories of most hospital stays.
However, when you consult with Rasmussen & Miner: Personal Injury Attorney, it will benefit you to recall as many details as possible. Try to remember any interactions with staff, nurses, and doctors, particularly around the time of the negligence. Your word won’t be all that counts. You will have to corroborate these memories and recounts if possible, but accurately recalling everything you can is a great start toward a viable case.
3. Pull Your Medical Records
As a patient, you have the right to full and detailed copies of your medical records. With the help of your hospital negligence lawyer in Salt Lake City UT, you can ask the hospital in question to release your full medical records, including imaging, scan reports, medical charts, and any other relevant documents.
Once you have your records, you and your attorney can consult with a medical expert to identify any inconsistencies or signs of negligence in your records.
Your hospital negligence lawyer in Salt Lake City UT, such as Rasmussen & Miner: Personal Injury Attorney can offer you a free case evaluation in order to determine if there is reason to bring your hospital negligence to court. Ultimately, with the help of skilled professionals and no financial limitations, you are closer to gaining justice and moving forward with your life.
Elements of a Hospital Negligence Case
In order for your case to be valid, the following must be demonstrated:
-The hospital owed you a standard of care and this care was violated.
-You were harmed or injured because of the violation.
-You suffered significant damages because of the violation made by the hospital.
Examples of Hospital Negligence
Nurses, technicians, and other staff are typically employed by the hospital. If a hospital employee was doing their job and caused injury to the patient, the hospital could be liable. An experienced hospital negligence lawyer from Salt Lake City, UT have seen incidents including:
-Failing to order tests
-Failure to diagnose
-Misreading lab tests
-Performing unnecessary surgery
-Poor follow up care
-Not taking the patient seriously
-Disregarding the patient’s’ history
-Failure to recognize symptoms of a condition
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.
A hospital has a duty to ensure there is enough medical staff on hand, at all times to ensure quality care. If the facility is understaffed, and a patient was harmed because of this, they may be liable.
In general, hospitals will inform patients on the admission forms that the doctor is not their employee. If you believed the doctor was an employee of the hospital, the facility could be liable.
Contact a Top Local Hospital Negligence Lawyer Salt Lake City UT Can Provide
Proving a hospital was negligent can be difficult. If you believe some kind of medical malpractice occurred, but you don’t know what, the first thing that will need to be determined is who is liable: the doctor, the facility, employees, a manufacturer, or a combination of any of the aforementioned.
If you believe your injuries were the result of negligence in a hospital, you should consult a trusted Salt Lake City, UT hospital negligence lawyer for further advice.
At Rasmussen & Miner, our Salt Lake City, UT hospital negligence lawyers have the necessary knowledge, experience, and resources to investigate your case and determine whether or not you can recover damages.
If you or someone you love has been injured in a hospital due to the negligence of a care provider, you may be able to claim damages in a personal injury lawsuit or settlement. At Rasmussen & Miner, our attorneys are skilled at providing legal counsel for local residents who have a credible medical malpractice claim. To find out more information about our law firm, or to talk with a top hospital negligence lawyer Salt Lake City UT trusts about your own case, contact us today.
Holding a Doctor or Hospital Accountable for Birth Injuries
The birth of a child is often portrayed as a blissful, magical experience for parents. However, in situations where there was a medical error, the baby may be left with a serious birth injury. A doctor, nurse, or other medical personnel may have committed a critical mistake or oversight which led to the birth injury. Parents who are told their baby sustained wounds, broken bones, or brain damage can be understandably heartbroken at the news.
Unacceptably, some doctors may know they made a mistake which led to the injury, but try to cover it up as a birth defect or a situation outside their control. An experienced Salt Lake City, Utah hospital negligence lawyer will be aware of the fact that doctors may try to cover their tracks in sneaky ways. The legal team at Rasmussen & Miner will do what we can to see that the truth is uncovered.
Commonly Filed Birth Injury Lawsuits
There are many ways that birth injuries can happen. It is important that medical records are gathered and an investigation is done so parents can be fairly compensated for their heartbreak, financial loss, and other damages. While there is no amount of money that can fix mistakes that have already occurred, financial settlements can enable parents the long-term support they need to take care of their child and satisfy any accumulated debts. An experienced Salt Lake City, UT hospital negligence lawyer can help parents to file a claim whenever this legal option is appropriate. A few of the most common birth injury lawsuits filed by parents include:
-Brachial Plexus injury
Signs of a Birth Injury
Birth injuries may be more or less obvious immediately after delivery, and can be internal or external. Parents can feel empowered during the delivery process by educating themselves on signs of a potential birth injuries. Hospitals understand the severity of a medical mistake, and may do whatever they can to elude taking fault. If you observe any of these symptoms in your newborn, we suggest seeking emergency medical attention and then contacting an experienced Salt Lake City, UT hospital negligence lawyer:
-Nausea and/or vomiting
-Sensitivity to light
-Low heart weight
-Favoring one side of body
-Arched back and crying
-Poor weight gain
-Pale colored skin
When parents want to seek restitution for birth injuries, they must generally contend with well-financed hospitals eager to avoid liability. Without assistance from the legal team at Rasmussen & Miner, getting the compensation you deserve may be an unreasonably difficult and frustrating pursuit. Medical facilities often have a team of attorneys already prepared to protect the hospital from paying out a birth injury lawsuit. We can implement strategy, help build a strong case for you, and represent you in court. Working with an experienced Salt Lake City, UT hospital negligence lawyer will place your claim in the best possible position to succeed under the circumstances.