How do I prove that my surgeon was guilty of malpractice?

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Hospital Malpractice Lawyer Salt Lake City UT

Hospital Malpractice Lawyer Salt Lake City UT

If you were injured or hurt in some way by the actions of your surgeon, contact a hospital malpractice lawyer in Salt Lake City, UT from Rasmussen & Miner. We offer a free consultation for people who believe they may have been harmed by their physician in an act of malpractice. Call us to make an appointment with one of our lawyers who can review the circumstances of your injury. We may be able to help you.

What is medical malpractice?

A hospital malpractice lawyer in Salt Lake City, UT from our firm might tell you that medical malpractice occurs when a medical provider acts or does not act, in a way that a reasonable medical provider would act or not act under similar circumstances. As a result of their action or inaction, they caused harm to their patient.

Common Examples of Medical Malpractice

If you have undergone surgery that resulted in an injury or medical condition, you may be wondering what legal options you may have. If you suspect the injury was a result of negligence of a medical professional to who you entrusted your care to, you may be entitled to financial compensation from a medical malpractice lawsuit. A malpractice attorney can evaluate your case and determine what legal recourse you have.

Medical malpractice can occur in any number of ways. An experienced hospital malpractice lawyer is familiar with many instances of medical providers harming patients, sometimes fatally. Some of the more common surgical errors that we see in the cases we have handled at our medical malpractice lawsuit include the following: 

  •       A surgical procedural error that causes damage to internal organs, nerves, or other parts of the body
  •       Applying a surgical technique that is considered unnecessarily dangerous or risky
  •       Failure to properly sanitize the medical equipment, surgical tools, or medical devices, which leads to infection in the victim
  •       Giving the victim the incorrect dose of medication or the wrong type of medication during surgery
  •       Not performing surgery to save the patient.
  •       Not prescribing the correct type of medication or dosage for post-operative care.
  •       Not responding in an effective or safe manner to complications during surgery.
  •       Performing surgery when it is not necessary, advised, or is dangerous for the patient.
  •       Surgically removing the wrong arm, leg, internal organ, etc.
  •       Using defective or contaminated equipment

Recovering Damages from Medical Malpractice

If you suffered as a result of malpractice, a hospital malpractice lawyer in Salt Lake City, UT from our firm may seek compensation from the responsible surgeon. If the hospital or another member of its staff was also responsible, we can include them as well. We aim to build a strong case to prove how and why the named parties should compensate you for any additional medical care you require as well as medications, the income you have not been able to earn while recovering, pain and suffering, and more. We may include a comprehensive list of your damages in a personal injury claim that we will submit to those responsible. If those parties do not offer a fair compensation package to you, we may escalate the claim to a lawsuit and take them to court.

Proof and Documentation

At Rasmussen & Miner, a hospital malpractice lawyer can examine the details of your case. If you have a clear-cut case of malpractice, we may offer to represent you against the surgeon who harmed you. Within our network of professional experts, we have physicians who can testify on our clients’ behalf. This can be supplemented by diagnostic tests, x-rays, a comprehensive exam, photographs and video of the injury, and any other relevant proof. Each case is different and requires a different approach, proof, and documentation.

There are also surgical errors that are called “never events.” The name is because these are mistakes that should never have happened. Examples of never events include:

  •       Performing the wrong surgical procedure
  •       Leaving a surgical tool, glove, or other foreign body inside the patient’s body
  •       Performing surgery on the wrong body part

What a Malpractice Attorney Needs to Prove

If a patient is harmed during a surgical procedure because a medical professional failed to meet the accepted medical standard of care, that victim may be able to obtain financial compensation for any losses that harm caused them. There are four elements that a medical malpractice attorney must prove in order to be successful:

  1. There was a doctor-patient established between the medical professional and the victim, meaning the professional owed a legal duty of care to the victim.
  2. The medical professional breached that duty of care through an act of negligence or omission.
  3. The victim suffered injuries as a result of that act of negligence.
  4. The victim suffered losses – both economic and non-economic – as a result of the injury.

If a victim suffers damage to nerves, organs, worsening medical condition, or other harm following surgery, they may have been a victim of medical malpractice and have a legal claim for damages. In addition to additional medical expenses, victims may also be financially compensated for loss of income if they are forced to miss work while they recover, future income if they are left unable to work, pain and suffering, emotional anguish, permanent disability, scarring, disfigurement, and more. Your medical malpractice attorney will be able to determine what types of damages you may be compensated based on the circumstances of your case.

Contact Us Today

For medical malpractice cases, there is a statute of limitations within which a claim or lawsuit must be filed before the deadline. For this reason, do not delay. To speak with a hospital malpractice lawyer Salt Lake City UT community members turn to, call Rasmussen & Miner today.