Medical negligence refers to negligence by a healthcare provider. If you have been a victim of a prescription error, surgical mistake, or birth injury, you deserve to be compensated for your emotional and physical trauma. The hospital and your doctor must follow a standard of care and deviating from this can lead to an injury.
In Utah, if you have sustained injuries because of the negligence of a healthcare provider, you can bring a civil claim for damages. This can be a time-consuming process, but a Moxie Law Group medical malpractice attorney can help you navigate all the legal matters and evidence necessary to support your case.
Filing a Medical Malpractice Claim
Injuries caused by medical malpractice can alter your life. Huge hospital bills, lost wages, and physical ailments can be suffered because of the negligent behavior of a healthcare provider. If you are trying to file a claim, there are steps you must take before this. First, you should notify the negligent healthcare provider at least ninety days before you file. Your notice should include information such as the injury date and time, the negligent behavior’s specifics, and the injury that resulted from the negligence of the healthcare provider.
In addition, a prelitigation panel review must be filed within sixty days of the notice. Your attorney can handle such overwhelming documents, so you can concentrate on recovery.
The Statute of Limitations to Observe
In Utah, there is a legal deadline on when you can bring a medical malpractice claim against a negligent healthcare provider. Filing a claim following the expiration of the statute can result in the dismissal of your case.
The statute of limitations for medical malpractice cases is two years. Thus, you only have two years following the injury’s discovery to file a claim. If you are filing a government agency, the statute can be one year. Often, injuries can be recognizable right away, but other injuries take time to be discovered. Medical malpractice that involves incorrect prescriptions or transcription errors may take weeks or months to become obvious. Speak with an attorney who specializes in your type of case as soon as possible following the discovery of your injury.
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Possible Damages You Can Recover
The state employs caps on certain damages in medical malpractice claims. Such caps determine how much compensation you can recover through your claim. A cap of $450, 000 is set by the state on non-economic damages. But Utah does not place caps on economic damages.
Non-economic damages are non-monetary losses you have sustained because of the malpractice injury. Such damages may include pain and suffering, anxiety and depression, loss of life enjoyment, and PTSD. Meanwhile, economic damages are losses you have incurred because of the injury. They include medical bills, physical therapy costs, lost wages, and rehabilitation costs.
Sometimes, punitive damages can be awarded. Such damages increase your overall settlement amount and are court-ordered. They are meant to punish the negligent party for their harmful conduct, hoping they will not do it again in the future. Utah does not cap punitive damages.
The compensation amount and the kind of damages you can recover in your claim depend on the facts. To make sure you get the compensation you deserve, consult with an attorney who can help you understand different damages that may be available in your case.
Medical errors can lead to painful and life-changing injuries and possible losses. If you have been injured because of a healthcare provider’s negligence, you may be entitled to compensation that can help you move forward with your life after the injury. To determine if you have a medical malpractice case, allow an attorney to evaluate your situation through a confidential consultation.
