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Salt Lake City Personal Injury Lawyer
If you’ve been hurt and you suspect that your medical care team or a medical facility where you’ve been treated is to blame, you likely have a thousand questions running through your mind. Among the most pressing may be, “What exactly is medical malpractice?” and “What kinds of situations allow you to file a medical malpractice claim?”. It is understandable that you’re feeling overwhelmed in the wake of suffering harm and feeling unsure of what your options are. This is one reason why it’s important to speak with an experienced Salt Lake City, UT personal injury lawyer even if you’re unsure if you have cause to file a legal claim against your healthcare provider(s) and/or treatment facility. Speaking with the experienced team at Rasmussen & Miner will allow you to clarify your situation, understand your options, and make an informed decision regarding how to proceed.
Medical malpractice is a type of lawsuit that someone can file against a physician or hospital. Generally, these claims are filed when there is evidence that a provider has behaved in a professionally negligent way and harm has resulted from that negligence. There is an expectation for all medical professionals to provide a certain level of care, and if this legal standard is not met, then it is possible that a violation of the provider’s legal duty to the patient has taken place. For example, people expect their doctors to correctly diagnose them, and a failure to do so (depending on the circumstances surrounding that failure) may serve as grounds for a medical malpractice claim. The question of whether your harm resulted from an actionable failure on the part of your provider is one that can only be answered by an attorney. Speaking with an experienced Salt Lake City personal injury lawyer will allow you to understand what your legal options are, given your unique circumstances.
Suing the Hospital
Sometimes it is more appropriate to sue a hospital, rather than an individual physician. How does this work? How can a hospital be negligent? It is rare for the hospital to be liable, and many medical malpractice lawsuits targeted at hospitals fail because they should have targeted the physician instead. The most common medical malpractice suits that correctly name hospitals as defendants involved administrative errors that cause injury or unsafe environments that cause injury. For example, malfunctioning machinery, broken glass not being cleaned up, or contact with hazardous material may be the hospital’s fault.
How to File a Medical Malpractice Claim
Medical malpractice claims are considered to be some of the most difficult cases of all personal injury claims. This is usually related to the defendants involved, as well as various special circumstances and complications. In general, you will need a Salt Lake City personal injury lawyer to help you fight a medical malpractice claim.
If you or a loved one has been injured by any medical professional, such as a doctor, anesthesiologist, nurse, technician, and so forth, it may be possible to recover damages through a medical malpractice claim. This process is often very confusing, especially if you are not familiar with litigation and the law. These are not cases you want to pursue on your own. The sooner you get legal help, the better.
A medical malpractice claim can be filed by the victim or their family members. If you are unsure about whether you have a claim, you can, and should, ask a lawyer. If a lawyer is interested in your case, they may ask you for further details and consider whether or not a medical professional, in the same or similar position, would have done exactly the same thing had they been in the same circumstance. If they would not have, you may have a case. To find out the answer to this important question, you should speak with a Salt Lake City personal injury lawyer.
Know What Happened
Before you do pursue a medical malpractice case, it will help you to have an idea of what happened. You can discuss the mistake or error with your doctor, in an attempt to get them to acknowledge and correct the issue. Whether this is possible largely depends on the circumstances. A lawyer might not recommend doing this, and so you should consult one prior to taking these steps.
Notifying the Utah Medical Board
The error should be reported to the Utah Medical Board or agency as soon as it is identified. They will not help you to recover compensation, but they will likely conduct their own investigation. This could result in fines or disciplinary action on part of the negligent party. The result might be that the mistake won’t happen again.
Statute of Limitations
There are statute of limitations for all medical malpractice cases. If you fail to file your case within two years, under Utah’s medical malpractice laws, your case will likely be dismissed. The exception to this is when your case involves a child, a retained item, or concealment on the part of the medical professional.
Get a Third Party Evaluation
More than likely, your lawyer will ask you to undergo a third party medical exam. This will give another medical professional the opportunity to examine your injuries and make a sound decision on whether malpractice aided in them. A doctor can also determine the extent of the injuries and what treatment will be needed.
The first thing you should do, if your suspect medical malpractice, is to call a Salt Lake City, UT personal injury lawyer. Call our firm now.
No matter what your unique circumstances are, an experienced Salt Lake City personal injury lawyer can help to clarify them. Even if you don’t have grounds to file a medical malpractice claim, a Salt Lake City personal injury lawyer may be able to help you secure compensation for your injuries in an alternative fashion, depending on the particulars of your situation.