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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.
How to Maximize Your Compensation in a Medical Malpractice Case
Whether your medical malpractice case resulted from a surgical error or misdiagnosis, you deserve fair compensation. Medical malpractice cases are quite complex, so you must do everything in your power to establish a strong claim. Here are some different ways to maximize your compensation in a medical malpractice case.
- Get medical from a different doctor. Your health is of the utmost importance. Therefore, you must find another doctor to correct the mistakes made by the first one. For instance, if the first doctor diagnosed you with the wrong condition, the second doctor will have to order tests to diagnose you with the correct condition. Then, he or she can recommend the appropriate treatment plan.
- Retrieve your medical records. Your medical records are one of the most important pieces of evidence in a medical malpractice case. These records contain information about your medical history, diagnoses, lab results and treatment. It is a good idea to obtain these records before filing a medical malpractice claim so that your doctor does not try to alter the records.
- Hire a medical negligence lawyer. Since medical malpractice cases are especially complex, it is critical to have an experienced medical negligence lawyer in Salt Lake City, UT on your side. He or she can begin an investigation into the alleged medical malpractice. Your lawyer will handle all of the legwork and reach out to you if more information is needed. This will allow you to take it easy and recover from your injury.
- Write in a journal. Your medical negligence lawyer in Salt Lake City, UT may advise you to write in a journal every day to document your experience. Write about the symptoms you’ve experienced after the medical error and how it has affected your life thus far. For example, if you’re in so much pain that it keeps you up at night, jot that information down. If the medical error has caused you to experience depression and anxiety, write that down too.
Why the Change in Procedure?
A medical negligence lawyer Salt Lake City UT offers may have seen an increase in the number of clients who have been injured outpatient surgical procedures. The cost of performing these surgical procedures in an outpatient facility instead of in a hospital is typically substantial when it comes to costs that insurance companies or Medicaid have to pay. It is also standard practice for Medicaid and insurance companies to pay a lower reimbursement fee for hospital procedures, while they might pay full-rate for procedures done in a doctor’s office.
Hospital Surgery vs. Office Surgery
Some of the most common types of outpatient surgeries now include cataract surgery, gallbladder removal, hernia repair, lumpectomy, muscle repair, small joint repair, and tendon repair.
One of the most obvious differences that a medical negligence lawyer in Salt Lake City UT may have noticed is the increase in the number of clients who have been injured in outpatient surgery. The concern is that as outpatient procedures become more commonplace, with the patient being sent home immediately following surgery instead of spending a day or two under the trained and watchful eye of medical personnel, these numbers could continue to rise.
Common Types of Surgical Errors in Outpatient Centers
Patients who receive surgical procedures at outpatient centers are at an increased risk of suffering injuries, as a medical negligence lawyer Salt Lake City UT residents trust can confirm. There can be a lack of oversight at outpatient centers, including communication issues among medical staff. In addition, even the most experienced of surgeons can make preventable and serious medical mistakes. Let’s take a closer look at some of the common types of surgical errors in outpatient centers:
- Operating on the Wrong Body Part: It may seem hard to believe, but some surgeons have operated on the wrong body part. For example, it is quite common for surgeons to operate on the wrong area of the spine, as a medical negligence lawyer Salt Lake City UT clients respect can attest. To prevent this, patients may want to speak to their surgeon beforehand to discuss the specifics of the operation and the safeguards that they will put into place to avoid mistakes.
- Leaving Foreign Objects in a Patient’s Body: A medical negligence lawyer in Salt Lake City UT from Rasmussen & Miner has helped patients who had foreign objects, such as scalpels and clamps, left in their body after surgery. This can lead to extreme pain and severe infection. Surgeons can avoid making this error by having a standard materials checklist.
- Nerve Damage: If a surgeon is not very precise during a surgical procedure, he or she can injure the patient. Just one slip of a scalpel or other sharp surgical instrument can damage a nerve, leading to serious complications.
- Wrong Patient Surgery: There have been several occurrences when surgeons have performed surgeries on the wrong patients, as a medical negligence lawyer Salt Lake City UT residents rely on can verify. There can be various reasons for this, including miscommunication and a lack of preoperative verification.
- Infection: Patients can contract infections if surgical instruments are not cleaned properly. Those with compromised immune systems are especially in danger because they can develop sepsis.
- Organ Damage: Sometimes neighboring organs can get accidentally punctured by a surgical instrument during operations. Organs are very delicate and can get damaged quite easily. A Salt Lake City medical negligence lawyer has provided legal representation for patients whose organs suffered permanent damage from this.
Surgical Mistakes Can Lead to Serious Complications
Surgical mistakes made in outpatient centers are serious matters and often result in complications, as a medical negligence lawyer Salt Lake City UT clients depend on from Rasmussen & Miner can explain. A slip of a scalpel or other surgical instrument, for example, can lead to urine leakage and internal bleeding. If surgeons do not promptly repair their mistakes, it can lead to even more bodily damage.
To reduce the risk of making these errors, it is important for surgeons to properly plan for every surgical procedure, communicate effectively with other medical staff, and stay completely focused during each procedure. Surgeons should also be fully rested before they perform each surgery. A from Rasmussen & Miner medical negligence lawyer Salt Lake City UT offers has successfully brought lawsuits against many surgeons who were fatigued during surgery and caused injury to patients.
Let a Medical Negligence Lawyer Salt Lake City UT Victims Trust Fight for You
If you or someone in your family has been a victim of surgical error or some other medical negligence, you might wish to contact a medical negligence lawyer Salt Lake City UT victims depend on. A Salt Lake City medical negligence lawyer may carefully review your case and advise you on your legal options against the physician and/or medical facility. It is important to keep in mind that, under state medical malpractice laws, a victim only has a certain amount of time from the date of injury to file a claim for damages. Do not delay in contacting an experienced lawyer for counsel.
I was misdiagnosed, can I file a medical malpractice lawsuit?
Whenever a medical condition is misdiagnosed or undiagnosed altogether, the outcome can be devastating. Just imagine if you believed that you had one condition, such as bipolar disorder, and you were prescribed medicine for that condition; you may have even planned your life around that condition or began taking counseling for it, only to later learn (when nothing was working) that you actually have schizophrenia. This is just one example, but some misdiagnoses are far more severe. For example, you may have a broken tibia but a doctor may misdiagnose it as a minor or hairline fracture. Thus, the medical staff will not render aid that is sufficient. This may result in an exacerbated injury or worsened condition. In some cases, death can be the result. In addition to the physical losses, financial strain, loss of income, and emotional distress can accumulate. Just think about it, an improper diagnosis means that your body heals at a slower pace, which means you can’t return to work on time and that you can’t perform work tasks at the rate that you once did. Your work capacity may even be diminished long-term or permanently so that you can no longer work a certain, higher-paying position. In such a case, your earning capacity is significantly reduced and this is but one more, life-changing injury that you can seek compensation for. If life changing debilitation or death occurs, anger and confusion may be something that everyone involved is trying to cope with.
In other words, your family, not just you, will be affected by your doctor’s medical negligence. If you are married, your spouse may suffer a loss of consortium, which is everything that you picture when you think of a happily married, loving, affectionate couple. You’ll both lose out on things like date night and the simple couple activities like grocery shopping or cuddling in bed, possibly. If you aren’t married and your parents are taking care of you, you’ve now become a bigger financial strain on them, especially if they are retired or up in age. Seeing you in a weakened condition may take a toll on your parents. Having to take care of you physically, when your parents are up in age, may be more than their bodies can tolerate, but paying for a caregiver may be much too costly. If you have children, you may not be able to participate in outdoor activities with them anymore, conveniently attend their afterschool games, or even help them with homework. All of this amounts to pain and suffering and loss of enjoyment of life. None of this should be taken lightly either.
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. The medical negligence lawyers in Salt Lake City UT at Rasmussen and Miner are here for you. We have years of experience overseeing medical negligence cases, and we know what needs to be proven to ensure that you are fairly compensated. Although we cannot guarantee specific results, we can guarantee that we will fight compassionately and aggressively on your behalf.
How Do Medication Errors Occur?
There are all kinds of medication errors that can occur and all different people who can make them. The first thought of many people when a medication error occurs is that the error must have occurred at the pharmacy level, but the pharmacist or a pharmacy technician. While those types of errors do occur, it is also important to realize that there are other ways these dangerous incidents can occur.
The doctor who writes the prescription for the patient may not write in the correct dosage amount. This can definitely cause harm to the patient. If the patient is in a hospital or other facility, the nurse who administers the patient their medication may accidentally give the patient the incorrect amount or even the incorrect medication.
A Salt Lake City UT medical negligence lawyer knows that medication errors can also occur during the manufacturing of the medication because of contamination of ingredients or other issues. There may also be a defect in the medical device used to dispense the medication, such as an IV drip device, and this causes the patient to receive more than the prescribed amount they should have, resulting in serious injury or death.
Suing for Malpractice
According to national data, the most common types of medication errors are the following:
· Giving a patient the incorrect medication
· Giving a patient the incorrect dosage of medication
· Giving a patient the incorrect form of medication (i.e., giving a pill form instead of liquid)
These reasons for medication error all result as an error committed by a medical professional and not the patient. Therefore, the patient may be able to file a malpractice lawsuit against the party or parties who were negligent in their care of the patient.
The patient may be able to pursue damages for all of the medical expenses the medication error caused, any loss of income if they were unable to work while they recovered or future income if they have been left permanently disabled. The patient can also pursue damages for pain and suffering, and a number of other losses they have endured. If the patient died as a result of the medication error, their family may be able to pursue a wrongful death lawsuit against those who were liable.
If you or a loved one suffered harm due to a medication error, contact Rasmussen & Miner to schedule a consultation with a dedicated Salt Lake City UT medical negligence lawyer and find out how we can help.
Is an incorrect, missed, or delayed diagnosis medical malpractice?
It is critically important that patients’ conditions are identified early on so that the appropriate treatment can begin straight away. When a doctor makes an incorrect diagnosis, misses a diagnosis, or makes a diagnosis but months or years later than he or she should have, the patient is the one who suffers. The condition could progress significantly because the doctor failed to make a timely or accurate diagnosis. A doctor’s negligence when it comes to incorrect, missed, or delayed diagnosis can be a basis for a medical malpractice lawsuit.
Can I file malpractice for an injury caused by an anesthesia error?
A Salt Lake City UT medical negligence lawyer knows that one of the most important parts of any sort of operation or procedure is to ensure that a patient is properly anesthetized. Errors in the administration of anesthesia can result in a patient being given too much or too little anesthesia. Either scenario can create serious complications for the patient. The patient could be “out” but still able to feel pain, or the patient could be so anesthetized that their body spasms and has fits during a procedure, which can cause accidental injuries due to sharp surgical instruments.
What about surgical or procedural errors?
Errors that occur during a procedure can seriously impact a patient. The wrong procedure could be performed on the patient or could be performed on the incorrect body part (e.g., left knee when the procedure should be conducted on the right). A cut could be too deep, a puncture could impact unintended organs or nerves, or instruments could be left inside a patient at the conclusion of the operation. Errors during surgery are usually the result of negligence on the part of the doctor or support staff.
How Does Negligence Happen in an Emergency Room?
Emergency rooms are chaotic environments. Even so, the people working in each and every emergency room should be trained and equipped for anything. This means that each doctor, nurse, and technician needs to be at their best, all the time. It’s a lot of pressure, and sometimes that pressure is just too much for people. In other cases, an emergency room is underequipped, or the personnel are just plain untrained. There are many causes of negligence in the emergency room, and the impact can be serious.
How Can Medical Negligence Affect Me?
If you go in to an emergency room – or any other medical facility – you expect to be cared for. You expect to find a solution to a medical issue that is making your life miserable, and you expect the staff to be able to help. What you certainly don’t expect, is for those very professionals to make your medical issue worse. Not only can they make an already-existing medical problem even more problematic, but in some cases you can come out of that emergency room or operating room with health issues you never had before.
Why Should I File a Medical Negligence Suit?
Do you want to pay out of pocket for inadequate or improper medical care? We didn’t think so. In fact, you should be compensated for the improper care you experienced. Some people die from medical negligence. The medical professionals who were supposed to be caring for you could have put you at risk of death, just because they were inexperienced, unprepared, or overwhelmed. A medical negligence suit can help you get the compensation to cover the costs of your recovery, and you shouldn’t hesitate to seek legal assistance.
Do You Have Grounds Upon Which to File a Medical Negligence Claim?
Essentially, if a medical care provider owed you a “duty of care” under the law, breached that duty via conduct that was negligent, reckless, or intentionally harmful in nature, and you suffered physically as a result of that breach, you have grounds upon which to file a civil claim. With that said, these legal terms are complex and nuanced when applied to individual circumstances. When you attend a risk-free consultation with our legal team, we will take the time to learn about your situation and objectively assess whether you may have strong grounds upon which to file a case and seek any and all compensation to which you are entitled. Medical negligence can be a murky area of law but our team has extensive experience handling these kinds of claims.
Legal Assistance Is Available
If you believe that you may have grounds upon which to file a medical negligence or medical malpractice claim, please speak with an attorney about your concerns. All too often, individuals shy away from seeking legal guidance because they are unsure of whether they need it. It isn’t your job to be sure—that’s our job. Once the experienced Utah legal team at Rasmussen & Miner assesses your circumstances thoroughly and objectively, we’ll provide you with personalized legal guidance that will empower you to make truly informed decisions about your legal options at this time.
How does a Salt Lake City, UT medical malpractice lawyer prove fault in a claim?
Negligence – A medical malpractice lawyer might explain to you that most cases proceed under the legal theory that a doctor, nurse, or other medical provider was negligent while administering a treatment or procedure to the patient. In order to prove negligence occurred, your lawyer must show that:
- A doctor/patient relationship existed
- The doctor owed a duty of care to the patient
- The doctor breached that duty owed
- The breach led to an injury or illness
- Had the breach not occurred, the patient would not have been harmed
- The patient suffered physical pain and other losses
For a Salt Lake City, UT medical malpractice lawyer to show negligence, he or she must be able to show the doctor’s care fell below the standard of care that is accepted by other doctors in the same field. There is no actual definition of standard, which is why a lawyer may use the testimony of an expert witness who is qualified to practice in the same area of medicine.
Negligent application, usage, or prescription of medical devices or medications – It is possible for a medical provider to be negligent and held liable, when a patient is injured because the wrong medication or dosage was prescribed. Negligence might also be a factor when the medical professional ignored the manufacturer instructions of a medical device. Sometimes a pharmaceutical company can be held liable. This would generally be a result of failure to warn or wrongful marketing practice.
Informed consent – The legal meaning of informed consent varies by state. Typically it means that the medical provider must inform the patient of the benefits, risks, and alternatives associated with a procedure, surgery, or treatment. The must obtain the written consent of the patient before proceeding. If the treatment was administered without the patient’s’ consent it could be considered medical malpractice. In some cases, a medical malpractice lawyer will also consider the situation to be a form of battery.
Determining Proof in a Salt Lake City, UT Medical Malpractice Case
Establishing negligence on the part of a medical provider is typically not easy. A medical malpractice lawyer will likely need to hire various expert witnesses who are willing to testify against what the defendant should have done but failed to do so. Furthermore, the alleged medical provider is the same person who completes the medical reports that often form the basis of the claim or lawsuit. It is possible that these reports are altered or framed in order to protect the negligent party.
Most states understand these complexities and allow a medical malpractice lawyer to invoke a special legal doctrine called The “Res Ipsa” doctrine. This essentially means that the patient, or their lawyer, only needs to show that a certain outcome occurred which would not have occurred without the medical professional acting negligently. When a medical malpractice lawyer uses this doctrine, it will be up to the defendant to prove that he or she wasn’t negligent.
A Salt Lake City, UT Medical Malpractice Lawyer on Your Side
There are only a limited number of ways a lawyer can prove malpractice. By choosing the right firm, you can feel confident in knowing your case will be in good hands. To talk with a medical negligence lawyer Salt Lake City UT clients recommend about your case and whether or not you should proceed, please call Rasmussen & Miner today.
A medical negligence lawyer Salt Lake City UT residents trust understands that when parents find out their infant has suffered a serious injury because of the negligence of medical staff, it can be devastating. If your child has suffered a preventable birth injury, you may want to consider speaking with a Salt Lake City medical negligence lawyer from Rasmussen & Miner to find out what legal recourse you may have against those responsible for your child’s injury.
A medical negligence lawyer Salt Lake City UT parents count on knows that a birth injury can affect the physical as well as the emotional well-being of a child and place an overwhelming financial burden on the family. Raising a healthy child is expensive enough, but the cost of raising a child with a birth injury is astronomical, costing on average more than $1 million for medical and quality of life care.
A medical negligence lawyer Salt Lake City UT victims depend on knows that infants who have suffered a preventable medical error injury may be entitled to financial damages from the medical staff and/or facility responsible for those injuries. Some of the most common birth injury negligence cases we can handle include:
Bone fractures are one of the most common birth injuries and often heal on their own. However, fractures can be very painful for infants, just as they are for adults. These types of injuries are usually caused by negligence on the part of the labor and delivery team, especially during a complicated or difficult delivery. One of the most common and preventable bone fractures for an infant affects the collarbone.
Brachial Plexus Injuries
The brachial plexus is the network of nerves which send signals from the spine to the shoulder, arm, and hand. Sometimes, as the baby passes through the birth canal, these nerves are compressed, stretched, or even torn from the spinal cord. Although this injury can eventually heal completely, it’s not unusual for the injury to not heal properly. In extreme cases, when the nerves are completely torn from the spine, the infant can be left permanently paralyzed.
If there is a reduction of blood flow during labor and/or the delivery, the infant can suffer severe brain damage. The reduction in blood flow causes the death of brain tissue or results in a stroke.
Cerebral palsy can occur whenever certain conditions interfere with normal blood flow to the brain, a state of “fetal distress” during labor and/or delivery. This condition is characterized by weak muscles, muscle spasms, and issues with motor skill development. There is currently no cure.
When an infant doesn’t receive enough oxygen before, during, or after the delivery, they can suffer brain damage. The amount of damage is dependent on how long the newborn was deprived of oxygen and how quickly the correct treatment was administered.
Can You File For Medical Negligence On Someone’s Behalf?
Although you may not have personally experienced harm at the hands of a medical professional, perhaps your loved one has. If your loved one was hurt or even died as a result of a medical injury, you may be able to work with a medical negligence lawyer in Salt Lake City, UT to bring forth a malpractice lawsuit on their behalf. There are a lot of restrictions and statutes to abide by in cases where relatives sue for medical negligence on behalf of their loved ones, so it’s important to consult a team of attorneys like Rasmussen & Miner: Personal Injury Attorney to flesh out the case and find out if it can be pursued.
You may not be able to file a case against a medical professional on behalf of someone in every instance. The following examples are feasible, however. Each of these types of law suits have been tried in courts all over the nation by skilled attorneys like those at Rasmussen & Miner: Personal Injury Attorney.
When Your Loved One Is Incapacitated
If your loved one can no longer make decisions for themselves due to a medical injury, you may have a right to sue the doctors or other staff who caused them harm. This is especially true if your loved one is unconscious or in a vegetative state due to the injury.
However, as your medical negligence lawyer in Salt Lake City, UT can explain, there are restrictions as to who can file on the behalf of a loved one who is incapacitated. You must have a power of attorney over that individual. In some cases, if there was no power of attorney established prior to the medical negligence that took place, you may be able to make a claim if you are a next of kin. When you talk to your medical negligence attorney he or she will help determine if you have a case that is admissible.
When Your loved One Is Deceased
If your loved one died as a result of a medical injury, this kind of lawsuit is classified as a wrongful death case. As you will learn from your medical negligence lawyer in Salt Lake City, UT, you can only file such a case if you are an immediate relative such as the person’s child. You can also file if you are an executor of their estate. In such a case, your lawyer from Rasmussen & Miner: Personal Injury Attorney would help you file on the behalf of your loved one’s estate.
Contact a Medical Negligence Lawyer Salt Lake City UT Clients Depend On
If your newborn suffered a birth injury caused by the negligence of medical staff and you would like to speak with a medical negligence lawyer in Salt Lake City UT, contact Rasmussen & Miner to find out how we can help. Our lawyers have more than two decades of legal experience fighting for victims and their families and can do all we can to get you the best possible outcome for your case.
Contact a medical negligence lawyer Salt Lake City UT provides today at (801) 363-8500 for your free consultation.
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.
Rasmussen & Miner Salt Lake City Medical Negligence Lawyer
1334 2nd Ave Salt Lake City, UT 84103