Call this direct line and speak with Rob immediately: (801) 363-8500
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.
Table of Contents
- Hospital Medical Malpractice
- Salt Lake City UT Medical Malpractice Infographic
- Birth Injury Medical Malpractice
- FAQs About Medical Malpractice in Utah
- Dental Malpractice
- Types of Dental Malpractice Injuries
- How Do I Know If I’ve Been A Victim Of Dental Malpractice?
- How to Prove Negligence
- Salt Lake City Medical Malpractice Law Statistics
- What Should You Do if You Have Concerns About Your Medical Care?
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.
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.
Do I Have a Dental Malpractice Case?
Recently, you may have realized you might need the help of a medical malpractice lawyer Salt Lake City UT locals recommend. When most people think of medical malpractice, typically what springs to mind first are horrendous injuries or wrongful deaths when surgical procedures go awry or there is a misdiagnosis. The area of dentistry is no exception. Dental malpractice is a type of medical malpractice case that Salt Lake City medical malpractice lawyers face regularly. The sad fact is, when it comes to dental procedures, dentists must uphold a standard of care for their patients and sometimes they do not meet their responsibility. Dental malpractice arises when a dentist’s conduct fails to meet this standard of care, resulting in serious injury or death. The standard of care in a dental malpractice case is defined as the care a reasonably well-qualified dentist would use under the same or similar circumstances. A patient must be able to trust that their provider is giving them the best care possible. In some situations, harm can come to a patient as the result of a procedure going wrong due to a doctor’s negligence. Robert Miner of is a medical malpractice lawyer in Salt Lake City UT who has helped many victims recover their damages from a doctor who harmed them.
If you have been a victim of negligent conduct by a dentist, ensuring you have the right legal team on your side is crucial. Experience counts and the medical malpractice lawyer Salt Lake City UT trusts has a proven track record of successful settlements is in your best interests. Contact Rasmussen & Miner for assistance.
Sometimes the most routine dental procedures can lead to a lifetime of pain and suffering. An experienced medical malpractice lawyer from our Salt Lake City office will explain that the location in which dentists must work is a nexus of the sinus and throat area. Training and experience in the medical field is so crucial but unfortunately dental errors can occur for a number of reasons.
When a patient develops a medical problem as the result of their dentist’s failure to uphold their duty of care, they have fallen victim to dental malpractice. When a medical professional such as a dentist is negligent, they have likely committed some type of medical malpractice. Dental malpractice leading to a serious injury may occur in the following ways:
- Not appropriately overseeing or supervising their staff.
- Complications from improperly using anesthesia.
- Taking on a procedure that is beyond their scope of knowledge, or that would otherwise be
- referred to a specialist.
- Performing a procedure on a patient without the patient’s consent.
- Extracting teeth unnecessarily.
- Misdiagnosing a dental problem that most doctors would identify correctly.
- Not recognizing or appropriately treating dental complications that may arise.
For example, if a dentist were to extract the wrong tooth because they looked at the wrong patient’s chart, the doctor could be held responsible. This is a representation of the dental offices’ and/or the doctor’s failure to double check that they had the correct file, not doing their due diligence. As a result of negligence, they could be held liable for the mistake that was made. A medical malpractice lawyer Salt Lake City UT patients turn to from Rasmussen & Miner may be able to file a claim or lawsuit on your behalf for monetary compensation.
Types of Dental Malpractice Injuries
Dental malpractice injuries can result in temporary or permanent injuries. The most common types of dental malpractice injuries Salt Lake City medical malpractice lawyers see, include:
- Accelerated periodontal disease
- Accelerated oral cancer or other diseases
- Loss of wrong teeth
- Sinus perforation and nerve damage to tongue, jaw, chin or lips
- Facial paralysis
- Mandibular joint or jaw damage
- Respiratory issues and/or cardiac arrest and brain damage or wrongful death from anesthesia or sedation errors
How Do I Know If I’ve Been A Victim Of Dental Malpractice?
Medical malpractice is difficult to understand, especially if you’ve become a victim of negligence for the first time. In the event your dental procedure didn’t have a desirable outcome, you may have been the victim of malpractice or another form of negligence. Before you consult with a medical malpractice lawyer Salt Lake City, UT, here’s how you can ascertain if you’ve been a victim of medical malpractice.
You were misinformed
If a dentist or other medical professional fails to walk you through the risks and consequences of a medical procedure or diagnosis, you might be able to receive compensation for the damages incurred as a result of this misinformation.
Keep in mind that it might be difficult for a patient to understand the complicated medical jargon presented during a time of stress. However, misinformation can also take the form of a misdiagnosis, a failure to notify the patient of risks associated with a medication or procedure, or a withholding of pertinent information.
You didn’t offer consent
Your consent is everything in the medical world. If a dentist or surgeon wants to perform a procedure to which you did not consent, you should be compensated for the resulting stress.
This could happen if a dentist pressures you to receive an emergency surgery, but it can also occur when a doctor works outside the limits of your agreement. For example, if you go into surgery to repair your knee, you shouldn’t wake up with a new nose.
This is often rarer than other forms of medical malpractice, but it still occurs throughout the United States.
You were injured
One of the most common medical malpractice cases you hear about is a surgical instrument being left in the patient’s body following a procedure. A clear-cut case of medical malpractice would be a surgeon leaving a sponge in your body after a surgery. But there are other ways you might have been injured by your doctor or another care physician.
There are also errors that can be made in medication that can have a negative effect on the patient. If your doctor fails to prescribe you the right medication, or if the dosage is incorrect, this oversight could cause potentially life-threatening damage. You deserve to speak with a medical malpractice lawyer Salt Lake City, UT to discuss your legal rights.
How can I know for sure?
Unfortunately, it will be hard to tell if you were legally affected by medical malpractice without the help of a trained professional. If you think you have been a victim of medical malpractice, rely on the expertise of a medical malpractice lawyer Salt Lake City, UT to discuss your case. Include any medical bills, medications, photos, and other pertinent information to build a strong case.
When you’re injured at the hands of another, you deserve justice and guidance from a skilled medical malpractice attorney Salt Lake City, UT. Our attorneys here at Rasmussen & Miner are here to help navigate the sometimes confusing legal world and to protect your rights, so call us today.
How to Prove Negligence
Proving that a doctor has been negligent is not necessarily easy. There are a number of things that your Salt Lake City medical malpractice lawyer will need to establish when it comes to a dental malpractice lawsuit or even an injury claim:
- There was an established doctor-patient relationship between yourself and the dentist.
- The dentist did not uphold their duty of care and by doing so, acted negligently toward you, the patient.
- You were injured or suffered further health complications as the result of the dentist’s negligence.
How Are Malpractice Suits Settled?
In most cases, the dentist’s insurance company will offer a settlement to the victim to prevent a trial from happening. That can help prevent any negative press which will be in the dentist’s best interest. Settling out of court is also attractive to the patient because the settlement process will likely conclude much faster than if the case were taken to trial. Trials can be lengthy and expensive which can be much less financially attractive to all parties involved.Talk to a medical malpractice lawyer Salt Lake City UT families choose in similar circumstances to find out more about your legal options.
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.
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
“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.”