Salt Lake City Medical Malpractice Lawyer

As a medical malpractice lawyer based in Salt Lake City, Utah 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 compromised quality of life. The impact 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 a lawyer to learn if you are eligible to file a medical malpractice lawsuit.

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. Negligence is a key part of medical malpractice claims. To make a strong case for medical malpractice, a 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 complex 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 an attorney who knows how to build a strong argument is crucial if you want to maximize your chances of obtaining a fair and just case settlement.

How do I know if I can file a lawsuit? 

As a medical malpractice lawyer who has served the Salt Lake City, UT community 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 scenarios, 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

How long do I have to file a lawsuit? 

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 a lawyer for help right away is critical so they can conduct an efficient and accurate assessment of your situation and advise you on your next steps. They 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 an attorney from Rasmussen & Miner can ensure you have someone willing to fight on your behalf who can get the medical experts necessary to help with your suit.

What can I expect when I work with an attorney? 

One question you may be asking is: “what can a medical malpractice lawyer in Salt Lake City, UT do for me?” One thing to keep in mind is that an attorney can help you when it comes to the statute of limitations for the state of Utah. Every state will have its own laws regarding how long you will have to file your suit after you realized you were injured or made ill. Filing your case after the deadline for the statute of limitations has passed means that the hospital will most likely ask the court to dismiss the case altogether. This means you never really got your chance to argue for damages.

So, if a surgeon left an instrument in you and you did not realize it until a year after the surgery, your attorney could argue that you still have two years from finding out that you had the medical instrument in you to file your suit.

Your Attorney Can Help With the Notice of Intent

When you are planning to file a suit against the hospital, your attorney will help you draft your notice. This is when you provide your health care provider with 90 days’ notice that you are intending to file a suit against them. This notice will need to have information like which healthcare providers were involved in the incident, when the alleged injury occurred, and what your claims against them are.

For someone without a legal background, filing all of the necessary paperwork can be difficult. However, when you work with an attorney who specializes in medical malpractice in the state of Utah, you know you are working with someone you can trust for your case. If you need more information on how to get started, contact Rasmussen & Miner now.

You can Recover Compensation for Medical Malpractice

Medical personnel are professionals we’re supposed to trust. Many times, everything goes just as planned and our injury or illness is fixed. Other times, things don’t go as planned. Most often, the reason things don’t go as planned is because of negligence or carelessness of the medical personnel. This is called medical malpractice.

Common Types of Medical Malpractice

Doctors and other medical professionals can make serious errors, sometimes it is accidental, or their ego and arrogance getting in the way, other times it is downright due to neglect. Oftentimes these errors cause permanent damage to the patients in these doctors’ care. These victims have to deal with emotional and physical changes to their life, due to injuries their doctors caused. People often are not sure whether medical malpractice occurred in their situation and many do not seek a lawsuit. After all, errors happen in a hospital right? Surely nobody is responsible for it? Sometimes victims wait too long before they contact a lawyer and they fall outside the statute of limitations. A typical statute for medical malpractice cases is usually two years, barring some exceptions. This would be two years from the day the person or the doctors were aware of the incident and the injuries caused by it. In fact, this deadline may be confusing as there are many variables that can lead to a patient not knowing they have an injury—or they’re not expecting an injury. So let’s talk about the most common types of medical malpractice lawsuits, and how you can best file in a timely manner to get the most out of your case. The first most common type of medical malpractice is misdiagnosis. A lot of cases qualify as misdiagnosis cases. This is when the physician does not detect an illness or other condition correctly, claiming there is nothing wrong with the patient. This counts as medical malpractice because the patient is unable to receive the care that they need due to having no diagnosis. Not every case of misdiagnosis is malpractice; if the physician did not go to every possible length that any reasonable physician in their place would have, that’s when it’s malpractice. The second common type is delayed diagnosis. This is when the physician makes the wrong diagnosis, treats it, before realizing and re-diagnosing. In this instance the patient does eventually get the care they need, but the delay in treatment may make the condition worse. For a case to qualify in this instance, a patient must have been assessed in a less competent manner than another physician would have done. An example is… like saying the doctor did not see signs of the disease that were detectable via x-ray or CT scans. Failure to treat is the third type of medical malpractice. This means the physician found the right diagnosis but does not recommend adequate treatment. Failure-to-treat situations happen when a physician is seeing too many patients—known as “putting profits over safety”. This means that doctors aren’t diligent about the care that their patients receive. Fourthly is surgical errors. Some surgical errors that might constitute malpractice include the physician performing the incorrect procedure, an unnecessary surgery, damaging organs, nerves or tissues that they should not have reasonably been near, administering the wrong amount of anesthesia, and more.

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 a skilled and trusted medical malpractice lawyer in Salt Lake City, UT as soon as possible. The team of Rasmussen and Miner 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 there could be some necessary functions of the hospital missing. Along with adequate staffing the hospital must also ensure that the people they hire are qualified for the job with the necessary experience and licenses if needed. If a hospital hires someone to be a doctor that 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. A medical malpractice lawyer in Salt Lake City, UT has experience in these issues and understands the nuances that go on within hospitals and the possible case that you may have. If you feel that your doctor isn’t quite up to par in their levels of care due to 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 Rasmussen and Miner, medical malpractice lawyer in Salt Lake City, UT 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 expenses without having to dip into your own account. You shouldn’t have to do that because you did nothing to cause your injuries.

We Can Fight For You

You deserve to have an experienced medical malpractice lawyer in Salt Lake City, UT fight for you. Medical malpractice is serious and so are your injuries. They’re going to be costly and you shouldn’t be on the hook for a dime. When you’re injured from medical malpractice, your sole focus should be on getting better. That’s why you hire us. Our focus is on getting you the compensation you deserve to help you get better. You deserve the best medical treatment during your recovery and you shouldn’t have to worry about your medical expenses. That’s what we’re here for. Contact us today to discuss how we can help you get back on your feet. At Rasmussen and Miner, we’re ready to fight for you but we can’t help you until you reach out to us.

Salt Lake City, UT Medical Malpractice Infographic

 

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 a medical malpractice lawyer in Salt Lake City, UT today from our firm. Our lawyers from Rasmussen and Miner are ready to assist you with your case and hold those accountable who put your family through this negative process.

FAQs About Medical Malpractice in Utah

The team at Rasmussen & Miner: Personal Injury Attorney 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 a medical malpractice lawyer in Salt Lake City UT.

How is negligence defined?

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 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 often do medical negligence cases occur?

Between roughly 15,000 to 19,000 cases of medical negligence in the U.S. occur 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.

What if my condition got worse after the 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 crucial error during the course of your treatment, you have a right to see what your legal options are. Talk to a seasoned medical negligence lawyer that Salt Lake City, UT residents trust and depend on for quality legal services 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, a medical malpractice lawyer in Salt Lake City UT 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. At Rasmussen & Miner: Personal Injury Attorney, we let you know how strong your case is from the beginning.

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 onsite, you may be able to sue them. A medical malpractice lawyer in Salt Lake City UT can help you evaluate your case.

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, your medical malpractice lawyer in Salt Lake City UT must show negligence — that a competent nurse wouldn’t have made the mistake. Your lawyer also needs to show that the mistakes were directly responsible for harming you, causing health problems or pain and suffering.

How does a medical malpractice lawyer build a case?

Medical malpractice cases are often complex in nature because medical care is complex and specialized. Unless a physician has made a blatant error (like leaving a surgical tool inside of a patient), it can be hard to prove that a doctor’s mistake rose to the level of malpractice. That’s where an experienced Salt Lake City, UT Medical Malpractice Lawyer like those at Rasmussen & Miner comes in. When we take a case, we go to extraordinary lengths to learn what when wrong and why. Then, we take that complex information and make it easier to understand for the average person – especially jurors, if the case goes to trial. Below are some of the steps we take.

How We Help

Investigating the timeline of events: We comb through medical records, talk to hospital staff, interview the victim and gather information from as many primary sources as possible to piece together an accurate account of what happened, when it happened, and who was involved.  Understanding what went wrong and why: This is one of the more difficult jobs a Salt Lake City, UT Medical Malpractice Lawyer takes on. We learn as much as we can about the medical procedure that led to harm, including what the expected standard of care is and how the physician failed to meet that standard. Even if the medical procedure was particularly complex, we learn to think like physicians so that we can understand it and help jurors do the same. Not every malpractice firm is willing to take on this level of detailed work, but it is one aspect of our practice that sets Rasmussen & Miner apart. Finding and interviewing medical experts: While our attorneys go to great lengths to study the details of the case, we are not medical experts. Thankfully, we have developed a network of medical experts who we can consult with and put on the witness stand. The experts we call on are typically other doctors in the same field as the one accused of malpractice (cardiologists, for instance). However, these experts were not involved in the incident and usually do not know the defendant physician. Instead, they testify about the expected standard of care and how the physician violated it. Simplifying complex material: Understanding complex medical knowledge is an important first step. But for a Salt Lake City, UT Medical Malpractice Lawyer to be effective, they need to be able to simplify that information and present it in a way that is understandable and convincing to a jury. Although they are often very intelligent, jurors have not had the time or training necessary to familiarize themselves with the complicated medical details of the case. It is up to an experienced attorney to make that information accessible and understandable. The attorneys at Rasmussen & Miner have decades of experience, are well versed in Utah malpractice laws and work tirelessly to advocate for each client we represent. If you’ve been harmed by medical malpractice, chances are good that we can help you. 

Salt Lake City Medical Malpractice Law 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.

What Should You Do if You Have Concerns About Your Medical Care?

The vast majority of doctors are very good people who would do anything to help their patients. Unfortunately, there are mistakes that happen from time to time. It is normal for you to have questions about your medical care. You should not make any decisions about your treatment without understanding what your options are. You might have questions about something that has happened to you in the past, and you may want to work with a medical malpractice lawyer in Salt Lake City, UT, such as Rasmussen & Miner: Personal Injury Attorney. If you have questions about the medical care you have received, what should you do? 

Talk To Your Doctor First

The first thing you should do is talk to the doctor who treated you. Ask them why they decided to do certain things. Ask the doctor if they recommend the same level of care to their other patients. Before you leave, make sure you ask for a copy of your medical records. You may need these in the future to support your case.

Seek Another Opinion

Even though you might be ready to talk to a medical malpractice lawyer in Salt Lake City, UT, your medical care still has to be your top priority. Therefore, you should seek a second opinion from another doctor. Listen carefully to what the other doctor says. Are they surprised at the care you received? Or, are they comfortable with what the other doctor did? If they expressed concerns about the type of medical care you received, this could be a sign that there is a medical malpractice issue on your hands. 

Work With an Experienced Attorney

Finally, if you still have questions and concerns about the type of care you received, it is time to talk to a medical malpractice lawyer in Salt Lake City, UT, such as the team from Rasmussen & Miner: Personal Injury Attorney. Proving medical malpractice can be a challenge. A lot of people believe that if they do not have the outcome they want, it is a sign of medical malpractice. Unfortunately, it is not always that easy. You deserve to focus all of your attention on your medical recovery. That is why you should rely on a medical malpractice lawyer who can walk you through the process, explaining exactly what has to happen to support your case. Make sure you work with a compassionate attorney who has your best interests at heart.

Timely Filing

Each state has its own statute of limitations when it comes to how much time you have to file a lawsuit for malpractice against the dentist. A Salt Lake City medical malpractice lawyer can explain what that time frame is in your state, but, generally, the limit is between two to four years from when the injury occurred, or the condition was diagnosed. The statute of limitations is much longer for children under the age of 18. It’s important to immediately contact a medical malpractice lawyer Salt Lake City UT victims trust if you believe you have suffered due to a dentist’s negligent behavior. A personal injury attorney well-versed in malpractice litigation should know the intricacies of where and what documentation is required to be filed in order to begin your case and draw the necessary connection between the negligent act and your actual injury or illness. If these steps are not taken according to current rules, your case could be dismissed due to procedural errors. The prospect of taking legal action can be fraught with some level of anxiety. This, in addition to coping with the stress and pain of an injury, and the lingering sense of an impending financial burden and uncertain future means it is important to team up with the medical malpractice lawyer Salt Lake City UT finds sympathetic to your needs, Rasmussen & Miner. An experienced attorney will be able to protect your rights and navigate the legal process with ease. Call us today at to speak with a respected medical malpractice lawyer Salt Lake City UT offers.

Rasmussen & Miner Salt Lake City Medical Malpractice Law Firm

1334 2nd Ave Salt Lake City, UT 84103

Contact Our Trusted Medical Malpractice Lawyer 

Do not wait to act if you believe that your injury or illness was a direct result of a medical professional or healthcare provider’s negligence. There is legal help available for medical malpractice victims. Talk to a medical malpractice lawyer trusted by Salt Lake City, UT residents who can protect your rights and advocate for your full compensation, such as one from Rasmussen & Miner.

Frequently Used Medical Malpractice Terms

An experienced medical malpractice lawyer in Salt Lake City, UT knows that when people feel sick or become injured, one of the first reactions is to make a doctor’s appointment for treatment. The majority of us trust doctors and medical staff to provide only the most 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 death in the patient. The injured patient or surviving family may then decide to meet with a medical malpractice lawyer serving Salt Lake City, UT about filing a lawsuit, such as Rasmussen & Miner. It can be helpful to be aware of common terminology used in such cases. In the article here, we have listed more than a dozen terms that are frequently used in medical malpractice cases.   Anesthesia Injury = 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. A 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
• Grimace

Assumption of Risk = in court, a Salt Lake City, UT medical malpractice lawyer knows that this is likely the defendant’s claim that the plaintiff who was injured was aware of the dangers associated with the medical treatment or procedure. Birth Injury = 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 suffered brain damage and may have occurred due to:

• Lack of oxygen to baby
• RH incompatibility
• Bleeding of the infant’s brain
• Urinary tract infection in mother
• Poisoning due to mother’s drug or alcohol use

Collateral Source Rule = 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.  A medical malpractice lawyer for Salt Lake City, UT can help you get all the compensation you deserve for this tragedy. Failure to Diagnose = a type of medical malpractice where the doctor failed to diagnose, which led to serious injuries or even a fatality of the patient. Medical Incident = when there is an error, oversight, or exclusion in professional medical services. Medical Negligence = 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 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 did not get the correct medication or dose which led to harm. Preponderance of Evidence = the weight and value of evidence brought forward during a trial. Wrongful Death = a death which occurred as a result of another person’s negligence, hostility or thoughtlessness. If you have any further questions, you should contact a medical malpractice lawyer serving Salt Lake City, UT for the best advice.  Call Rasmussen & Miner today!

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