Medical Malpractice Lawyer Salt Lake City, UT

Your Dedicated Medical Malpractice Attorneys

As our Salt Lake City, UT medical malpractice lawyer knows too well, many patients struggle to recover after being under the care of a negligent medical professional. Complications after medical malpractice affect many people, resulting in added medical costs, emotional trauma, and a compromised quality of life. The impact of this trauma is life-changing, and for some people it is even permanent. If you have suffered an injury or illness as a result of a medical practitioner, hospital or healthcare provider, you are encouraged to talk to our lawyer to learn if you are eligible to file a medical malpractice lawsuit. Contact Rasmussen & Miner today to schedule a consultation.

Table Of Contents

• Your Dedicated Medical Malpractice Attorneys
• Hospital Medical Malpractice
• Common Medical Malpractice Terms
• Salt Lake City Medical Malpractice Infographic
• Salt Lake City Medical Malpractice Statistics
• Salt Lake City Medical Malpractice FAQs
• Rasmussen & Miner, Salt Lake City Medical Malpractice Lawyer
• Contact Our Salt Lake City Medical Malpractice Lawyer Today

Understanding Medical Malpractice Claims

Medical malpractice occurs when a doctor or medical professional causes a patient who they owe a duty of care to suffer an injury or illness. Medical negligence is a key part of medical malpractice claims. To make a strong case for medical malpractice, our lawyer will investigate to gather evidence that a client’s injury was a result of the negligent actions of a doctor, medical professional, hospital or other healthcare provider.

As one of the most complicated types of personal injury cases, medical malpractice claims are expensive, risky, and require especially experienced legal teams to handle them successfully. They are challenging to fight since hospitals have their own skilled team of attorneys to combat these claims. It is also especially difficult to prove that negligence occurred, so working with our attorney who knows how to build a strong argument is essential if you want to maximize your chances of obtaining a fair and just case settlement.

Filing a Lawsuit

As our medical malpractice attorney can tell you, you or a family member must meet certain criteria in order to file a medical malpractice lawsuit. If you have experienced one of the following types of medical negligence, you may be entitled to monetary compensation:

• Misdiagnosis
• Incorrect dosage
• Prescription errors
• Surgical errors
• Failure to notice symptoms
• Failure to provide treatment or care
• Failure to interpret lab results correctly
• You suffered an injury after a medical procedure

The Statute of Limitations 

The statute of limitations for filing a medical malpractice claim in Utah is two years from the date your injury occurred. You should not wait too long to decide if you want to file a claim. Going to our lawyer for help right away is critical so that we can conduct an efficient and accurate assessment of your situation and advise you on your next steps. We will be able to assist you with paperwork so your claim can be submitted on time. Filing a medical malpractice lawsuit can be difficult, especially if you are considering doing it on your own. Medical malpractice can be extremely complicated and it is important to understand that when it comes to filing this type of lawsuit against a medical professional—especially a hospital—they will likely have very deep pockets and be more than willing to argue against your claims with their own set of attorneys. Working with attorney Robert C. Miner from Rasmussen & Miner means that you have someone willing to fight on your behalf during every stage of suing for medical malpractice. With decades of trial experience, you can feel confident that our lawyer will do everything possible to deliver a positive outcome for your claim.

Medical Malpractice Compensation

When you’re injured from the negligence of a medical professional, you deserve to be compensated for those injuries. Medical malpractice injuries can range from minor to extremely severe. Regardless of where your injuries fall in that spectrum, you can attempt to recover:

• Pain and suffering
• Past, present, and future medical bills
• Lost wages
• Loss of companionship
• Emotional distress

It’s important that you speak with our skilled and trusted personal injury lawyer as soon as possible. Our team is ready to help. If you wait, you may not be able to recover as much for your injuries. You have been injured through no fault of your own. You should not bear any responsibility for the financial burden associated with those injuries. But the longer you wait, the more you’ll end up paying out of pocket.

Hospital Medical Malpractice

Hospitals are required to have adequate staffing levels to perform all of the necessary tasks to keep the hospital running. This means doctors, nurses, custodians, maintenance people and more are all needed to keep everything running smoothly and effectively. When a hospital lacks the required staffing, hospital accidents can occur. Along with adequate staffing, the hospital must also verify that the people they hire are qualified for the job with the necessary experience and licenses if needed. For example, if a hospital hires someone to be a doctor who is found out to not have the proper experience or licensing, then this could be a major issue for patients at the hospital. The necessary care and needs that those patients require may not be being met. Our Salt Lake City personal injury attorney has experience in these issues and understands the bureaucracy that goes on within hospitals. If you feel that your doctor isn’t quite up to par in their levels of care, such as giving you the wrong medicine, not listening to your symptoms or giving you an improper test, then you may have grounds for a medical malpractice case and possible lawsuit. Contact our lawyers from Rasmussen and Miner today to learn more about the process and whether or not your case has the basis to move forward.

Don’t Take a Settlement

Medical professionals have to carry malpractice insurance. The insurance companies know that medical malpractice happens but they do everything in their power to pay out as little as possible to those who are injured. Soon after you’re injured from medical malpractice, the insurance company will reach out to you offering a settlement. It may be tempting to take this offer of quick cash. You could certainly use it. Don’t do it. Speak with our personal injury lawyer first. The insurance company is expecting you to accept an offer without really thinking about it. They’re hoping you don’t think about the future expenses you have. Your medical expenses will be high but if you accept their low offer, you won’t be able to cover all of your losses without having to dip into your own account. You shouldn’t have to do that because you did nothing to cause your injuries.

Birth Injury Medical Malpractice

Having a baby is one of the most exciting times in a person’s life but could also be a stressful time if a mistake is made by a doctor or member of staff. While it is not a common occurrence, injuries can happen as a result of malpractice by a doctor during a birth. The doctor or hospital staff may make an error in the delivery when they may use too much force on the baby or make an incorrect decision about the birthing procedure. Some of the injuries that have been known to occur are:

• Oxygen Issues: If a doctor makes an error and the baby’s umbilical cord gets wrapped around its neck, it could lead to brain damage or other issues. 
• Improper testing or lack of testing: Prior to a birth, the doctors are supposed to give the mother tests to make sure they are prepared for birth. When the doctor doesn’t test properly or makes a mistake this could be malpractice.  
• Improper placement of a vacuum: When a baby needs some extra help during birth, the doctors can use a vacuum to suck the baby out. Sometimes a doctor or hospital staff could misplace this vacuum causing injury to your baby or the mother. 

If your family has been affected by a birth injury due to medical malpractice then contact our Salt Lake City, UT malpractice lawyer. Our lawyers from Rasmussen and Miner are ready to assist you with your case and hold the negligent parties accountable.

Common Medical Malpractice Terms

Our experienced malpractice lawyer knows that when people feel sick or become injured, one of their first reactions is to make a doctor’s appointment for treatment. The majority of us trust doctors and medical staff to provide excellent care when it comes to our health. It can be devastating to find out that perhaps your doctor or other medical personnel did not act with the utmost diligence and accuracy. Sometimes, mistakes are made on behalf of medical practitioners. And sadly, these errors can also lead to immense harm, further injury, or even the wrongful death of the patient. It can be helpful to be aware of common terminology used in such cases. We have listed more than a dozen terms that are frequently used in medical malpractice cases.

• Anesthesia Injury

An anesthesia injury is when a person suffers an injury as a result of receiving incorrect anesthetic drugs.

• Apgar Score

A doctor observes a newborn’s level of activity immediately after birth, and five minutes following. An apgar score is calculated to determine the health of the baby, from in need of resuscitation to normal. The newborn is evaluated for muscle tone, pulse rate, skin color, respiration, appearance, and grimace.

• Assumption of Risk

In court, the defendant will likely claim that the plaintiff who was injured was aware of the dangers associated with the medical treatment or procedure.

• Birth Injury

Birth injury is when a newborn suffers injury during the delivery process, which can occur due to negligence on behalf of the doctor or medical staff. Injuries may lead to disabilities or result in death.

• Brain Damage

During the pregnancy or delivery process, the child may suffer brain damage due to lack of oxygen, RH incompatibility, bleeding in the brain, or a urinary tract infection in the mother.

• Collateral Source Rule

The Collateral Source rule states that the amount of compensation provided to the injured person by his or her insurance company, should not be deducted from the amount of compensation awarded during a lawsuit.

• Failure to Diagnose

Failure to diagnose is a type of medical malpractice where the doctor fails to identify a condition, illness, or injury, which leads to serious injuries or even a fatality of the patient.

• Medical Incident

A medical incident is when there is an error, oversight, or exclusion in professional medical services.

• Medical Negligence

Medical negligence occurs when the doctor or medical staff failed to uphold standards of conduct or care to a patient. The standards are determined based on what a person with adequate knowledge would have done in the same situation.

• Misdiagnosis

A misdiagnosis is a doctor’s failure to accurately diagnose a medical illness or condition. The doctor may be held responsible for injuries the patient endured as a result of this incorrect diagnosis.

• Prescription Error

Considered a type of medical malpractice, this happens when the patient does not get the correct medication or dose which leads to harm.

• Wrongful Death

Wrongful death is a death which occurred as a result of another person’s negligence, hostility or thoughtlessness. In the case of medical malpractice, it is a death that occurred due to the negligence of a medical professional.

Salt Lake City Medical Malpractice Infographic

Salt Lake City Medical Malpractice Statistics

According to statistics from the American Medical Association, just under 35 percent of all American doctors have been sued for malpractice. Approximately half of those physicians have faced two or more lawsuits. More than 30 percent of all malpractice lawsuits involve a patient dying from a medication error. Another 20 percent of cases involved the deaths of patients from other causes of malpractice.

Salt Lake City Medical Malpractice FAQs

The team at Rasmussen & Miner is happy to help you find answers to your medical malpractice questions. You need to get the information necessary to make a wise decision for your health and finances. The following are frequently asked questions that patients often ask our malpractice lawyer in Salt Lake City, UT.

How Is Negligence Defined for Medical Malpractice?

Negligence consists of four core elements that must be proved: duty of care, breach of duty, the breach of duty directly caused the injury, and sustained damages. If a doctor or other medical professional fails to provide a patient who is under their care with the proper treatment that another professional would provide, they can be held liable for medical negligence. Examples of negligence include misdiagnosis, failing to identify symptoms, misinterpreting test results, or ordering the wrong tests.

How Common Are Medical Negligence Cases?

It is reported that hundreds of thousands of patients experience medical negligence in the U.S. annually. Cases of recklessness and negligence are rare. While they are not relatively common, victims can experience life-changing consequences. Patients experience injuries such as chronic pain and disabilities. Depending on the types of injury that they have sustained, they may require lifelong care.

Do I Have a Case if My Condition Worsened After a Procedure?

In some cases, a patient’s condition may worsen following treatment. Having poor results after an administered treatment does not necessarily mean that your healthcare provider has committed negligence that can be considered malpractice. A doctor may have exhausted their options while determining the best treatment plan for you. In order to prove that medical negligence resulted in the deterioration of your condition, you must provide evidence that your doctor did not act reasonably and failed to provide you an adequate level of care.

What if My Condition Is Not Treatable?

If your condition is considered not treatable after multiple tests, you may not have a valid case of medical negligence. Medical professionals can only do so much with their resources to provide the best care that they can for patients who are diagnosed with untreatable conditions. In these cases, it would not be classified as medical negligence, so a patient would not be able to recover compensation.

You should not have to suffer the consequences made by a physician or medical worker who directly treated you. If your doctor has made a critical error during the course of your treatment, you have a right to see what your legal options are. Talk to our seasoned medical negligence lawyer if you need personalized legal assistance.

Can I Sue for Medical Malpractice If My Doctor Didn’t Tell Me About the Risks of a Treatment or Surgery?

The answer to this question depends on the circumstances and especially the type of risks involved. Generally, whenever a treatment or medical procedure has serious risks or significant side effects, doctors are required to disclose these risks to the patient. That way, patients can make an informed decision about health. If you are now dealing with serious health problems because your doctor failed to tell you about the risks, our medical negligence attorney can likely take the case to court. That said, there are a few exceptions to this rule. For example, in an emergency where your life is on the line, doctors aren’t always required to get informed consent for treatment. 

Can I Sue the Hospital for Medical Malpractice As Well?

You may be able to take a hospital to court for medical malpractice, but only if there was an employment relationship with the doctor or nurse responsible for your injuries. Many doctors actually work as independent contractors, meaning the hospital isn’t usually legally responsible for the care provided. Again, there are exceptions to these rules. If the hospital knowingly allowed a dangerous, intoxicated or otherwise incompetent doctor to continue practicing medicine at their facility, you may be able to sue them. 

Can I Sue a Nurse for Administering the Wrong Medication?

Incorrect administering of medications or dosage is a common type of medical malpractice. You can sue the nurse responsible, and the hospital if the nurse is an employee of the hospital. To prove malpractice, Our personal injury attorney must show negligence — that a competent nurse wouldn’t have made the mistake. Our lawyer also needs to show that the mistakes were directly responsible for harming you, causing health problems or pain and suffering.

Rasmussen & Miner Salt Lake City Medical Malpractice Law Firm

1334 2nd Ave Salt Lake City, UT 84103

Contact Our Salt Lake City Medical Malpractice Lawyer Today

Do not wait to act if you believe that your injury or illness was a direct result of a medical professional’s or healthcare provider’s negligence. There is legal help available for medical malpractice victims. Call now to speak with our Salt Lake City medical malpractice lawyer. We will protect your rights and advocate for maximum compensation. Mistakes happen, but you shouldn’t have to pay for another’s poor judgement. Don’t wait to seek financial justice for your damages. Contact the office of Rasmussen & Miner today to schedule a free case review with our seasoned legal team.

Client Review

“Robert Miner is hands down one of the best attorneys I’ve ever had the pleasure to meet. When we had to handle some devastating legal trouble, Robert, was incredibly responsive, he took the time to explain things thoroughly and kept us informed throughout the process. He was extremely considerate, and we felt as though he genuinely cared about the resolution of our case. I would not hesitate to refer family, friends and anyone reading this review to Robert, and have no doubt you’ll be in good hands.” Camila Moore