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As an experienced hospital negligence lawyer Salt Lake City UT can provide might attest, acts of negligence in a hospital setting might actually cause severe harm to patients. While some mistakes in hospitals do not cause substantial harm, others may be so serious that the injured party could collect financial damages.
Cases involving hospital negligence may be incredibly complex, as a hospital negligence lawyer Salt Lake City UT trusts might explain. These cases might be very time- and labor-intensive, but they might also result in substantial settlements for legitimate injury victims.
There are three basic parts of any standard medical malpractice claim that must be proven if the injured victim wishes to collect a settlement. These three elements would also likely come into play in a hospital negligence case.
- The hospital (or a staff member) had a duty to care for the patient.
This means that there was a doctor/patient relationship that existed. “Duty of care” is something that is often referenced in medical malpractice cases. This element is based on the existence of a relationship between the patient and the medical professional. The relationship can be anything from a nurse who is assigned to care for certain patients or a doctor who has provided ongoing care to a patient.
Establishing this relationship is usually simple when a patient regularly sees an assigned doctor. It may be more difficult to determine the duty of care in a hospital setting where a patient sees several doctors or nurses. However, as an experienced hospital negligence lawyer in Salt Lake City UT may explain, hospitals can sometimes be held liable for the negligent actions of a staff member.
- The hospital (or a staff member) failed to provide a reasonable standard of care to the patient.
Hospitals have a certain duty to provide qualified care to their patients. When a medical professional deviates from the prevailing standard of care, which is what a reasonable capable medical professional with similar education, training, and experience would have followed, that can legally be deemed a breach of duty. Determining whether or not a medical professional failed to exercise reasonable care is something that may be contested during a hospital negligence case and might call for counsel from a top hospital negligence lawyer Salt Lake City UT can provide.
- The lack of care directly caused harm to the patient; had the standard of care been provided, the harm would have been avoided.
A malpractice attorney must show that the negligence on the part of the doctor or other professional was the cause of the patient’s injury or medical condition. This element is important for two reasons. Firstly, the injured patient must prove that the negligence caused harm. A doctor or nurse who makes a mistake that does not result in harm to the patient cannot be held liable for medical malpractice. Secondly, the patient must be able to prove that the mistake or negligence directly caused the injury.
- The patient suffered damages or losses as a result of their injury or condition.
Just because a patient suffered an injury, does not automatically mean they are entitled to financial compensation. They must show that they suffered economic and/or non-economic losses as a result of the injury. If the patient died from the injury, then their family may be able to pursue a wrongful death claim against the party or parties responsible.
Proving Medical Malpractice
Losing a loved one is always tragic, no matter what the circumstances of their death. When their death was preventable and the result of the negligence of another party, that loss can be even more devastating. National data estimates the number of victims who die each year of medical errors at more than 250,000, making it the third leading cause of death in the United States. If you have lost a family member and suspect their death was the result of hospital negligence, contact our office today to find out what legal recourse you may have.
In many cases, when a patient dies, there is nothing that medical staff could have done in order to prevent that death. But there are more and more cases each year where the patient’s life could have been saved if not for the act of medical negligence. Some of the more common causes we see in the cases we handle include failure to diagnose the victim’s medical condition, misdiagnosing the victim’s medical condition, surgical errors, medication errors, and anesthesia errors. No matter what the cause, the result is that the patient received substandard medical treatment and that treatment (or lack of) resulted in their death.
The patient suffered harm because of the medical professional’s breach of duty. A malpractice attorney must show that the negligence on the part of the doctor or other professional was the cause of the patient’s injury or medical condition.
Some of the damages they may be able to collect include medical expenses incurred because of the negligence, funeral and burial expenses, loss of the victim’s income, loss of the victim’s love, support, and guidance, emotional anguish, and more.
Speak with a Hospital Negligence Lawyer Salt Lake City UT Can Provide
At Rasmussen & Miner, we know that a small mistake or act of negligence in a hospital might cause a great deal of damage. Even though patients undertake some amount of risk when they are treated in a hospital, mistakes that are particularly egregious or negligent might justify seeking counsel from a Salt Lake City UT hospital negligence lawyer.
If you believe your hospital injury resulted from negligence or medical malpractice, the team at Rasmussen & Miner may be able to help you recover financial losses. To speak with a skilled hospital negligence lawyer Salt Lake City UT residents can depend on, contact Rasmussen & Miner today by calling our local office at (801) 363-8500.