The usual legal theory under which a medical malpractice claim is made is negligence. In general terms, medical malpractice occurs when a patient suffers an injury as a result of a health care professional’s negligent act or omission. Specifically, under a negligence theory, the claimant must prove that the health care professional had a duty of care, that a violation or breach of the applicable standard of care occurred, and that the result of this breach caused the compensable injury.
There are numerous ways in which medical malpractice may occur, including, but not limited to, the following: · Failing to diagnose a patient · Misdiagnosing a patient · Performing unnecessary surgery · Committing surgical errors · Administering improper medication or dosing · Prematurely discharging a patient from a medical facility
What are the types of damages a malpractice victim can recover?
As a Salt Lake City UT medical malpractice lawyer can explain, it is possible to recover both economic and non-economic damages for medical malpractice. Economic damages include items like medical bills for treatment, wages lost, or the loss of future earning capacity that was caused as a result of the malpractice. In addition, a victim of medical malpractice can be awarded non-economic damages. This form of damages is more difficult to prove and to value because they are more subjective than economic damages. Though more difficult to demonstrate, non-economic damages can result in larger awards for claimants. However, there is currently a cap of $450,000 under Utah law. Non-economic damages include the loss of enjoyment of life, disfigurement, and pain and suffering. Physical pain and suffering involve the actual pain and discomfort that results from the injury. Alternatively, mental pain and suffering related to any emotions connected with physical pain or trauma. This may include mental anguish or emotional distress, as well as many other emotions or feelings.
What is the statute of limitations for filing a malpractice lawsuit?
The statute of limitations is another important aspect of medical malpractice claims. Under Utah law, a lawsuit must be filed within two years of the date the claimant knew or reasonably should have known of the injury, but in no event can a claimant bring an action more than four years after the date on which the alleged act or omission occurred.
Unfortunately, Utah health care professionals sometimes commit mistakes while treating patients. Individuals who sustain injuries as a result of medical malpractice may be able to recover monetary awards for the damage caused. These awards can help victims obtain additional health care required as a result of the malpractice and provide compensation for the suffering the victim endures. If you have been a victim of malpractice, a
medical malpractice lawyer in Salt Lake City UT can help. No patient should ever have to suffer harm at the hands of those who they trust to provide medical care, and if patients are injured by their care providers, they are entitled to damages through a medical malpractice claim. If you have been a victim of medical malpractice, call an experienced Salt Lake City UT medical malpractice lawyer from
Rasmussen & Miner today and find out what legal recourse you may have.
