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Medical Negligence Lawyer Salt Lake City UT
Because malpractice lawsuits are often challenging to win, it can be important to choose a medical negligence lawyer Salt Lake City UT victims turn to at Rasmussen & Miner when seeking justice. Our legal team has successfully represented medical negligence clients for the last two decades. Our lawyers understand the challenges of winning medical negligence lawsuits and what it takes to recover damages on behalf of victims and their families.
If you have suffered as a result of a physician’s negligent act, do not hesitate to contact our office immediately. A medical negligence lawyer may help you get the justice you deserve. At Rasmussen & Miner, we can arrange a confidential, no obligation initial consultation with one of our attorneys free of charge. The following general information about medical malpractice may be helpful to review prior to meeting with a medical negligence lawyer.
Proof of Negligence
Proving that a medical practitioner’s negligent behavior caused you to suffer an injury may be difficult. A medical negligence lawyer victims trust could help determine what your doctor did wrong and how he or she could have avoided it. Proof will likely have to come from one or more of the following:
- The doctor’s written or recorded notes about the medical procedure. Unfortunately, this is not always helpful because the doctor may be less than forthcoming about his or her mistake in treating you.
- Witness testimony from attending medical personnel. If the negligent act occurred in surgery, the surgical support staff and any fellow doctors who were present may have to testify about what they saw. Their knowledge about anything else that might have contributed to your harm could help your case as well.
- X-rays, MRI’s, or any other testing or diagnostic reports. These pre- and post-injury records may assist juries in understanding what otherwise might be a complicated procedure.
Medical Malpractice Experience
Not every attorney is qualified to litigate medical negligence cases. Due to the difficulty of winning medical malpractice lawsuits, even a good medical negligence lawyer may not win every time. However, you probably want to choose a lawyer who has been successful at trying medical negligence cases similar to yours. The complexity of your case and the severity of your damages may influence the number of lawyers who are qualified to represent you.
A medical negligence lawyer may call on medical experts if needed. Oftentimes, medical negligence lawsuits require medical experts to testify on the plaintiff’s behalf to establish these important points:
- How did the mistake happen?
- Was the mistake avoidable?
- What are the long term consequences of that mistake for the victim?
In answering these critical questions, the expert may explain the situation in terms that non-medical members of the jury can understand. Additionally, the expert should be believable. Not every medical negligence lawyer has the resources to locate and hire expert medical witnesses who are willing to testify against fellow doctors. The legal team at Rasmussen & Miner have litigated medical negligence cases for the last 20 years. During that time we have built our team of medical experts who have experience testifying in court.
The Importance of a Medical Negligence Lawyer
Proving that a medical professional was negligent and caused an injury as a result is a very tedious, difficult and often time-consuming process. Rasmussen & Miner has numerous years of experience practicing law within the scope of medical malpractice. It is that experience that has provided our team the depth of knowledge that so many victims have come to trust.
The team at Rasmussen & Miner understands the pain and suffering that individuals in such circumstances have and are going through. Our team is sensitive to the violation of trust that such negligence can cause. We also have a deep understanding of what constitutes negligence and if and when it is appropriate to proceed with a claim.
Rasmussen & Miner is available to speak with the patient or family member, review the documents and determine the next step. We understand how complicated the process can be and are available from the early stages to provide a consultation.
Examples of health care errors that may warrant a Salt Lake City medical negligence lawyer from UT to file a claim:
- Delayed or wrong diagnosis
- Discharging the patient too early
- Childbirth complications
- Disregarded or incomplete patient history
- Medication errors
- Misreading lab results
- Surgical instruments left in a patient
- Surgery on the wrong part of the body or on the wrong patient
- Inaccurate amount of anesthesia
In our experience, if the following criteria are all relevant, there is a good chance that the case is worth further investigation. Rasmussen & Miner will be able to clarify any details or points of confusion during the initial consultation. Criteria that must be established for a claim to have any merit:
- There must be evidence of a professional relationship between the health care provider and the patient. If a patient casually asks a doctor for advice at a dinner party, that doctor is not bound by a standard of care. There was no professional relationship since he or she was not directly treating the patient at the time.
- A violation of the standard of care. A medical witness will be necessary to establish a standard of care and show that a violation of that standard occurred. The standard illustrates how the patient should have been treated and that any other professional with similar skill, training and circumstances would have done so.
- There must be an injury that occurred. Without an injury, there is no case.
- It should be confirmed that the injury was caused by the health care professional’s negligence in adhering to the standard.
Building a Solid Medical Malpractice Case
If you have been significantly injured after having surgery or from medical treatment, you may be a victim of medical malpractice. Your doctor or practitioner will continue to treat you and may not tell you the real cause of your pain and suffering. You may be wondering what information is needed to determine whether you have a case. There are specific details required to build a solid medical malpractice argument, and hiring an experienced medical negligence lawyer in Salt Lake City UT should be your first step.
Of course, some challenges come with proving that a doctor breached a duty to treat you and the burden of proof lies in building a solid case to prove to a judge or jury that you are a victim of malpractice. A study examining outcomes of malpractice cases found that 80% to 90% of physicians win jury trials with weak or deficient evidence. The study also found that 50% of cases tried by jury for medical negligence ruled in favor of the physician presenting with strong evidence. The key to receiving damages resulting from carelessness is to build a strong case. Here are three things needed to make a solid medical negligence case and improve your chances of winning.
Plaintiffs who decide to represent themselves do not realize that a demand letter is essential in building a solid case and scoring a settlement.
With decades of experience with malpractice cases, Rasmussen & Miner: Personal Injury Attorney understands malpractice laws and how to gather sufficient evidence to build a strong case. Making a case requires more than just your testimony, and it requires sifting through loads of medical records, understanding policy and the laws that govern safe medical practice. A knowledgeable medical negligence lawyer in Salt Lake City UT knows what records to access and how to ask the right questions.
An Experienced Attorney
You may choose to fight with the insurance company alone and believe that you have a strong enough voice to prove your case based on the amount of pain and suffering endured. The downside to going alone without an attorney is that the defendant and insurance companies have experienced lawyers in their corner and know a lot more about the law than the plaintiff. The chances of winning a case without an experienced medical negligence lawyer in Salt Lake City UT are low. Do not do this alone. Contact Rasmussen & Miner: Personal Injury Attorney today.
I was misdiagnosed, can I file a medical malpractice lawsuit?
Whenever a medical condition is misdiagnosed or undiagnosed altogether, the outcome can be devastating. In some cases, death can be the result. In addition to the physical losses, financial strain, loss of income, and emotional distress can accumulate. If life changing debilitation or death occurs, anger and confusion may be something that everyone involved is trying to cope with.
Regardless of what has happened, if you or someone you know was poorly diagnosed, it is recommended that you call a medical negligence lawyer for help.
How long do I have to take legal action against the physician or hospital?
The time limit for pursuing litigation is known as the statute of limitations. In Utah, the statute of limitations for medical malpractice claims is two years from the time that you discover the harm. This is an important distinction because you may not discover the harm immediately after it occurs.
You might have even more time to file if your case contains one of the following elements: An attempt to conceal the mistake by the physician, a retained object left in your body after surgery, or harm that occurred to a child.
Although two years seems like plenty of time, you shouldn’t wait that long to contact a Salt Lake City, UT Medical Negligence Lawyer. With each day that passes, memories may fade and evidence can be lost. The sooner you contact the experienced attorneys Rasmussen & Miner, the sooner we can begin investigating your injuries and what led to them.
I’m not sure I can afford a lawyer. How much will my case cost?
This is a common concern that many clients have. Thankfully, it is easily addressed. At Rasmussen & Miner, we offer free initial consultations, and we take all medical malpractice cases on contingency. That means you pay nothing up front, and you don’t owe any legal fees until and unless we help you recover money.
Building a medical malpractice case can be expensive, but you don’t need to worry about the costs we incur. Your legal fees will be a predetermined percentage of the money we help you recover in a settlement or jury trial. Put simply, you can afford to hire an experienced Salt Lake City, UT Medical Negligence Lawyer at no personal financial risk.
Will an attorney take any client that contacts them?
Unfortunately, attorneys cannot take on every potential client/case that comes through their door. Because medical malpractice lawsuits are a huge investment of time and money, the attorney needs to be reasonably sure that the case they are presented with is one that could result in a settlement or a favorable jury verdict.
Sometimes, cases do not meet the criteria of medical malpractice as defined by Utah law. Other times, it is clear that malpractice occurred, but there is not enough evidence available to prove it in court.
The good news for you as a potential client, however, is that you can tell us your story during a free initial consultation. This first meeting allows us to examine your case and allows you to determine if you feel comfortable working with us. If we are ultimately unable to take your case (for the reasons mentioned above, you have not lost any money by exploring your legal options.
At Rasmussen & Miner, we strongly believe that everyone who has experienced a bad medical outcome deserves the opportunity to share their story with an experienced Salt Lake City, UT Medical Negligence Lawyer. Regardless of what happens after that first meeting, talking about your experiences can be an important first step in the healing process.
What Failure to Diagnose Could Mean
Whenever you seek out medical care by a licensed medical professional, or at a medical facility, the doctor’s attention will likely be placed on your complaint. However, if a doctor fails to notice an underlying, or less obvious, condition that is the core cause of your complaint, and that condition worsens, leading to further harm or death, you may have a valid medical malpractice claim.
A medical negligence lawyer will review your case and determine whether or not another medical professional in the same field would have noticed the condition and/or made the same diagnosis. If a different doctor would have not acted in the same manner, it may be considered a breach in the duty of care. In this case, compensation might be available.
Common Misdiagnosed Medical Conditions
Medical doctors are required to go through many years of schooling followed by several more years of training, residency, and internship. Even though they may have extensive experience, mistakes can and do occur.
It is possible that your symptoms are uncommon or even puzzling. Even so, a good doctor should be ready to order different tests so as to better understand the condition. As a team of medical negligence lawyers, Rasmussen & Miner have handled a large number of claims that involve misdiagnosis, failure to diagnose, and other forms of medical negligence. Some of the most common conditions include:
- Internal bleeding
- Imminent heart attack
- Spine or brain infection
- Severe pre-eclampsia (HELLP syndrome)
Misdiagnosing or Failing to Diagnose a Tumor or Cancer
Cancer can take many different forms, but it occurs after the body’s cells change, grow, and divide, resulting in impaired function. To stop cancer from spreading, it should be identified and treated as soon as possible.
A case involving a misdiagnosis of cancer is often rife with challenges. By choosing a good medical negligence lawyer, these types of lawsuits can be won. Some of the most common reasons for misdiagnosed or undiagnosed cancer include:
- Mistake in the laboratory
- Misinterpretation of lab results
- Failure to assess the patient
- Failure to follow up with the patient
- Failure to refer the patient to the right doctor
- Poor screening of the patient
- Discounting the possibility of cancer due to age or other factors relevant to the patient
Even a short delay in diagnosis can require the patient to undergo a more aggressive form of treatment that carries greater risk. When cancer has not been diagnosed properly, it may be grounds for a medical malpractice lawsuit.
For a consultation with a medical negligence lawyer to handle their cases, call Rasmussen & Miner today!
When it comes to medical malpractice claims, Rasmussen & Miner takes it very seriously. There is no room for negligence in the medical profession. We are passionate about putting responsibility where it belongs. Our team of attorneys relentlessly fight for each and every client so that they are rightfully compensated. Negligent health care professionals must be held accountable. Rasmussen & Miner prides ourselves on providing ethical counseling to deliver just that: accountability for unnecessary injuries. If you need to speak to a medical negligence lawyer, call Rasmussen & Miner today.
What are the signs that my doctor may have committed medical negligence?
When someone seeks medical care, they have the reasonable expectation that their condition may be improved by treatment from their physician but their condition will certainly not be worsened by them. Unfortunately, this is not always the case and when a patient is harmed by the actions or inaction of their healthcare provider, they may have grounds for an injury claim or a lawsuit.
If you underwent medical treatment in Salt Lake City UT and you believe your doctor made a mistake that harmed you, contact our negligence lawyer to discuss your case. Rasmussen & Miner specializes in medical malpractice claims and have obtained substantial settlements for clients in the past. We offer a no-cost, no-obligation case review for those persons who may be a victim of medical negligence. Call us today to learn more.
Medical Negligence During Birth
A birth is a very important time in a family’s life. A new life is being brought into the world and this is a joyous occasion. Unfortunately, while rare, doctors during the birthing process have been known to make mistakes. Doctors are humans too, which means they are prone to errors just like the rest of us, but their mistakes could be much more costly. After all, they are held to a much higher standard due to their schooling, degrees, experience and more. If a doctor has performed a birth for a child and is found to have done so negligently, then this could be the grounds for a medical malpractice suit. Contact a medical negligence lawyer in Salt Lake City, UT from Rasmussen & Miner today to learn more about how a doctor may have performed a birth negligently. Some of the common injuries that a baby may unfortunately receive from the birthing process are as follows:
- Hypoxia & Oxygen Issues: This is when the baby is not receiving enough oxygen during birth. It could be from the umbilical cord being wrapped around their neck. This problem could lead to brain injuries and mental problems.
- Vacuum Error: A vacuum is sometimes needed to be attached to the baby’s head in order to help retrieve the baby from the womb. Doctors or staff sometimes attach it to the wrong place leading to an injury to the baby or mother.
- Lack of Tests or Wrong Testing: Prior to the birth, the doctor is supposed to test the mother to make sure she is ready for childbirth and understand what drugs she may need to take for the birthing process. The doctor also must make sure that the mother does not need the help of a specialist if she has a condition or needs some extra guidance.
Medical Negligence by a Hospital
Hospitals are typically very large buildings spanning many acres that require numerous individuals to keep it running. If a hospital is not hiring correctly for the positions they have, then this could be negligence. Proper licensing, experience and skills are all needed to perform the different jobs around the hospital no matter what role that person is filling. Speak with a medical negligence lawyer in Salt Lake City, UT today if you feel that your doctor or nurse may not meet the requirements to work at the hospital. This could be evidenced by improper procedures, wrongful medicine advising, not listening to your symptoms, misdiagnoses and more. Lawyers from Rasmussen & Miner have seen the different areas that doctors and nurses as well as other hospital staff have stumbled. While this does not always mean that they were acting negligently and that it fits malpractice, sometimes it does. Speak with our lawyers today to find out if your concerns or experiences may be the basis for a lawsuit. Holding those accountable for their wrongdoings to you and your family is crucial to ensuring you get the proper compensation you deserve. It’s also very important to make sure that it doesn’t happen to someone else.
Were you clearly injured by your surgeon?
Surgeons are human and so of course they are vulnerable to making mistakes. However, a surgeon is held to a higher standard than many other professionals because a mistake by a surgeon can cause their patient a lifetime of pain, or in extreme cases, cost the patient their life. There are many ways in which a surgeon might be responsible for their patient’s worsened condition, a new and concerning condition, or their death and these scenarios may play out even after the surgery is completed. They may have left an instrument in the body cavity which caused the body to react with acute pain, severe infection, swelling, or present other symptoms. The surgeon may have removed the wrong arm, or the wrong leg, or cut an artery which resulted in a dangerous loss of blood.
If you have any doubts about your condition and whether or not you may have been harmed by your Salt Lake City UT surgeon or other physician, do not hesitate to contact Rasmussen & Miner’s medical negligence lawyer.
Did your condition worsen after your procedure, surgery, or treatment?
Though a worsening condition does not necessarily mean the physician did anything wrong, it can indicate that there was an incorrect diagnosis, a delayed diagnosis, the wrong treatment method was chosen by the doctor, or other issues. You may benefit from going to a different physician for a diagnosis. They might be able to determine if the original physician committed medical negligence which in turn might suggest you should contact a Salt Lake City UT lawyer such as one from Rasmussen & Miner.
Does your medical negligence case have merit?
Prior to taking on a medical negligence client, a lawyer will usually determine if the individual’s case meets the necessary criteria to hold up in a court of law. They are as follows:
- There was a professional arrangement in the form of a doctor-patient relationship between the client and the physician they are accusing of medical negligence.
- The physician acted in a negligent way which caused harm to the patient.
- Another physician with a reasonable level of ability would have made different decisions in their treatment of the patient, thereby avoiding the negligence of the physician in question.
- The damage caused by the physician is not minor and can be quantified.
To discuss your case with a lawyer from Rasmussen & Miner who specializes in medical malpractice claims, call our Salt Lake City UT office today.
4 Reasons To Hire a Medical Malpractice Lawyer
A medical malpractice claim is complicated and expensive. Although you can file a medical malpractice claim without a lawyer, there are many benefits to hiring an attorney when you’ve been injured. Medical malpractice lawyers work on a contingency basis, which means you do not pay upfront. The lawyer’s fees come out of your settlement. Here are the top 5 reasons to hire a medical malpractice lawyer.
A Lawyer Understands the Laws in Your State
Personal injury claims have many requirements and regulations based on where you live. A lawyer can help you through the process to make sure your case falls within the laws of your state to save you time and money. When you file a claim yourself, the court will not accept excuses about not knowing the law and the process if you make a mistake.
A Lawyer Understands the Value of Your Case
It can be difficult to know exactly what your case is worth when you’re in the middle of it. You may overvalue your pain and suffering, which can hurt you when negotiating with the other company. Worse, you may undervalue your claim and not get enough to cover your damages. A lawyer who deals with medical malpractice all the time can more effectively value your case to get you a good settlement. Because your lawyer is paid a percentage of your settlement, he or she is highly motivated to get you the largest settlement possible.
A Medical Malpractice Lawyer Knows How To Build a Winning Lawsuit
Proving medical malpractice isn’t always a straight line between the injury and your damages. You need to show that you had a relationship with the provider. You have to prove that the healthcare provider didn’t provide adequate care based on what other doctors would do in the same situation. You also have to show that the negligence caused your injuries and that the injuries led to significant damages. Your lawyer can make the case and present it in a way that is understandable.
Your Lawyer Is Your Ally
Your attorney is your advocate and ally. When the going gets tough, you want someone on your side giving you the truth about your case. You have more confidence about accepting a settlement that might be lower than you want or taking your case to court to fight for more. Your lawyer works for you.
FAQs About Medical Negligence
When you’ve been under the weather, you’ve rightly placed your health in the hands of a trusted medical professional. Unfortunately, doctors are human, just like the rest of us, and can make mistakes. If you find yourself in need of a medical negligence lawyer in Salt Lake City, UT, here are some questions you should ask.
What Is Medical Negligence?
Medical negligence happens when a doctor makes a mistake, either by commission or omission. They may incorrectly diagnose a problem, prescribe the wrong medication, or perform an error during a routine medical procedure.
Willful medical negligence is almost unheard of. Most doctors are professionals who take pride in helping their patients lead long, healthy lives. But accidents do happen, and doctors are held to a high standard of care. What that means is that if another doctor would have done something reasonably different, medical negligence may have occurred.
How Do I Know if I Have a Medical Negligence Case?
Medical negligence doesn’t apply to all unfavorable outcomes in a health care setting. A medical negligence lawyer in Salt Lake City, UT, such as Rasmussen & Miner, may be able to help you determine whether you have a medical negligence case. However, there are some key components to medical negligence that make it worth speaking with an attorney.
- Did you have a doctor-patient relationship at the time? In other words, was the doctor treating you at the time? If you asked a doctor for advice while you were at a school picnic, no doctor-patient relationship exists.
- Was the standard of care not met? If your doctor didn’t follow the accepted best practices in your case, it may not have been met.
- Was the lack of standard of care the cause of your injury? For example, if your doctor noticed your toes had turned green and did nothing to remedy the problem, that may very well have been why your toes fell off.
- Did that injury cause damage? This hardship could be personal or monetary, including loss of income, pain and suffering, or extra medical expenses.
Why Do I need a Medical Negligence Lawyer in Salt Lake City, UT?
At Rasmussen & Miner, we help you determine if you have a medical negligence case. If you do, we’ll file a lawsuit against your doctor, gather all the documentation, subpoena witnesses, and either settle the case to your satisfaction or go to trial if that doesn’t work out.
No matter how alone you may feel in the wake of your health issues, we’re with you every step of the way.
Contact Us Today
Rasmussen & Miner is committed to helping medical negligence victims throughout the Salt Lake City, Utah area. If you have been injured or suffered damages due to the negligence of a medical practitioner, contact us immediately. When you need a medical negligence lawyer Salt Lake City, Utah clients trust, call Rasmussen & Miner.