Salt Lake City Medical Malpractice Attorneys

What Is Medical Malpractice?

Medical malpractice is a highly nuanced area of personal injury law. To understand what it is, it is important to understand what it is not. The law recognizes that doctors and other medical practitioners are human.

As such, they cannot be expected to successfully cure every patient they treat. A negative outcome does not necessarily indicate medical malpractice or negligence. Rather, medical providers are held to what is known as the “accepted standard of care,” or simply the “standard of care.”

This means that medical professionals and institutions must provide all patients with the same level of care that another qualified practitioner or institution would provide in the same or similar circumstances. Specifically, to follow the standard of care, they must:

• Do everything another medical professional or institution would do when treating a patient in similar circumstances
• Refrain from doing anything another medical professional or institution would not do when treating a patient in similar circumstances

Different medical providers are held to different standards of care. For example, emergency room doctors are required to make quick decisions in high-risk situations; as such, they are held to a different standard of care than a general practitioner who sees patients by appointment for routine, non-life-threatening medical conditions.

One cannot reasonably expect the exact same treatment from an emergency room doctor as a primary care physician, and vice versa.

We offer free initial consultations and contingency fees, meaning you don’t pay unless we win your case. Contact us today at (801) 999-1506 to learn more.

Examples of Medical Malpractice in Utah

So, what exactly constitutes medical malpractice? Essentially, any conduct that breaches the accepted standard of care, resulting in injury to the patient, could serve as grounds for a medical malpractice claim.

Some common examples of medical malpractice include:

• Anesthesia errors
• Birth injuries
• Disregard for patient’s medical history
• Early discharge
• Failure to obtain informed consent
• Failure to treat
• Improper follow-up or aftercare
• Laboratory mistakes
• Medication errors, including prescription drug errors
• Misdiagnosis and delayed diagnosis
• Failure to diagnose cancer and other medical conditions
• Surgical errors, including wrong-site surgery and left-behind instruments
• Unnecessary or improper medical procedures
• Misreading lab results

If you believe that a doctor, nurse, or specialist failed to provide an adequate level of care, resulting in your injury or the death of your loved one, know that you have the right to seek justice.

At Steele Adams Hosman, our Utah medical malpractice attorneys in Salt Lake City are prepared to go up against individual practitioners, as well as hospitals, emergency departments, doctors’ offices, urgent care centers, and other medical facilities. We have recovered millions of dollars in compensation for our clients, and we are ready to fight for the fair recovery you deserve.

Medical Malpractice Statutes of Limitations in Utah

Just like other types of personal injury cases, medical malpractice lawsuits in Utah are subject to a statute of limitations. The law allows you to file a suit for medical malpractice up to two years from the date of the injury. In some cases, however, the victim does not discover the injury right away.

When this happens, you may have two years from the date on which you discovered the injury or reasonably could have discovered the injury to file your lawsuit.

It is important to note that Utah also has a maximum time limit when it comes to medical malpractice cases. Regardless of extraneous circumstances, you cannot bring a medical malpractice lawsuit if more than four years have passed since the date of injury, even if you did not discover the injury right away.

However, there are some exceptions:

• If a foreign object was left in the body during surgery or another procedure, the victim has one year from the date of discovery to file a lawsuit, regardless of how much time has passed since the incident occurred.
• If the medical provider concealed the act of malpractice or negligence through fraud, the victim also has one year from the date of discovering the injury or the date on which the injury was discoverable to file a suit.

Further exceptions may apply in cases involving minors who were injured due to medical malpractice prior to turning 18. We encourage you to contact our Salt Lake City medical malpractice attorneys right away if you suspect that you or a loved one suffered due to medical negligence or misconduct.

Damages in Medical Malpractice Cases

Utah is one of several states to impose caps on medical malpractice damage awards. This means that the actual amount a plaintiff can receive is limited, even if the court finds that the defendant did, in fact, act negligently or wrongfully.

In Utah, only non-economic damages are capped. These include:

• Pain and suffering
• Loss of enjoyment of life
• Diminished quality of life
• Emotional distress
• Trauma resulting from the incident

The state limits these damages to $450,000—but this does not apply to non-economic damages, such as medical expenses and lost wages.

Medical Malpractice & Negligence in Utah

​​Doctors, nurses, hospitals, and other medical providers are held to a certain standard of care. When they fail to provide patients with adequate treatment, they can be held accountable for the immense harm and damages caused to patients.

If you believe that you or a loved one received substandard care from a medical professional, reach out to our Salt Lake City medical malpractice attorneys at Steele Adams Hosman right away. Our Utah medical malpractice attorneys can help you understand your legal options, including your potential right to file a medical malpractice lawsuit.

With more than 35 years of collective experience and a longstanding record of securing some of the highest results in the area, our firm has the skills, resources, and reputation to effectively advocate for you. Take a look at our client testimonials, and see why we are the most trusted team of medical malpractice attorneys in all of Salt Lake City, and beyond.

Contact us our Utah medical malpractice attorneys at (801) 999-1506 today to schedule a free consultation.