UTAH MEDICAL MALPRACTICE LAWYERS

Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Reviewed November 9, 2023.

If you were harmed by a doctor’s or hospital’s mistake in Utah, you may have a medical malpractice claim for your added medical costs, lost income, and pain and suffering, and Moxie Law Group works with medical experts to prove what went wrong. We work on contingency, so you pay nothing unless we win.

Medical malpractice cases are among the most complex in personal injury law. Utah requires specific pre-suit steps, including a notice of intent and a pre-litigation review, and the deadline to file is limited, so acting early matters. We handle the medical records, expert opinions, and procedural requirements so your focus can stay on recovering.

Though it may sound straightforward, proving medical malpractice is often a taxing and lengthy endeavor. If you have been the victim of medical malpractice, you need an expert to represent you and advocate for you. At Moxie Law Group, our dedicated team of attorneys is committed to fighting for the maximum compensation for our clients. If you have questions about your medical malpractice claim, call Moxie Law Group today for a free legal consultation to discuss your case and legal options.

“Do I Need a Medical Malpractice Attorney?”

A lot of people struggle to determine when a medical negligence actually reaches the standards of medical malpractice. For example, your nurse may have been negligent when he gave you morphine even though he knew, or reasonably should have known, you were allergic to morphine. Administering the wrong medication or the wrong dosage are also common errors that can lead to serious harm. However, while the morphine does cause you to break out in hives, you don’t suffer any further injuries due to the negligent healthcare professional. Though the healthcare provider has likely breached his duty, you may not have a solid medical malpractice claim.

Medical malpractice lawyers work on medical malpractice cases that involve medical errors, surgical errors, delayed diagnosis, emergency room errors, failure to diagnose a medical condition, and more. They also handle cases involving injuries caused by negligent actions of medical providers. When a medical professional’s conduct rises to the level of medical malpractice, medical malpractice lawyers help those who have sustained personal injury at the hands of a medical care provider. Not every case of negligence needs a team of medical malpractice lawyers to file a medical malpractice lawsuit. If you’re wondering whether or not a medical malpractice attorney can help you, it may be a good idea to review the elements of medical malpractice so that you can have a good understanding of how medical malpractice claims work, and how medical malpractice attorneys prove their medical malpractice cases. Taking legal action is crucial to hold medical providers accountable for negligent actions and to seek compensation for injuries caused.

“How Do Medical Malpractice Attorneys Prove Medical Malpractice Cases?”

Normally, medical malpractice attorneys will need to prove that all of the elements of negligence are contained in medical professional’s conduct. First, a medical malpractice attorney will need to prove that the medical care provider had a duty of care. Then, the medical malpractice attorney will need to prove that the care provider breached their duty of care. Wrongful actions by healthcare providers, such as failing to follow standard procedures or engaging in negligent or improper conduct, can constitute a breach of duty. After that, the medical malpractice attorney will need to prove that this breach of duty directly caused the patient to become economically, or non-economically damaged. When proving a medical malpractice case, a medical malpractice attorney will need to prove that each element of negligence.

Medical Malpractice Claims in Salt Lake City

Many of our malpractice cases begin at hospitals and clinics along the Wasatch Front, including Salt Lake City’s major medical centers. A Salt Lake City medical malpractice lawyer must prove a provider fell below the standard of care and that the failure caused real harm. We build that proof with independent medical experts. Utah’s malpractice deadlines are shorter than the standard injury statute, so timing matters.

Duty of care is the first element a medical malpractice lawyer will have to prove. In some ways, it’s very evident: due to the established relationship between the care provider and the patient, a care provider generally does have a duty to take reasonable precautions to prevent the patient from sustaining injury while obtaining medical care. However, having a duty of care does not necessarily mean that your medical professional has to have a crystal ball with 100% accuracy to avoid a medical malpractice lawsuit. It just means that medical professionals need to make sure that they make good use of the information you give them. A medical care professional can’t be normally be responsible for not knowing about an allergy that you didn’t know about, especially if there’s nothing in your medical history that would indicate the existence of said allergy. However, if you begin to display obvious symptoms of an illness, your medical care provider may have a duty to diagnose the illness and treat it promptly. In good medical malpractice claims, the medical malpractice lawyer is able to prove that the defendant did indeed have a duty of care toward the plaintiff.

Breach of duty is a little easier to explain, but it’s not necessarily any easier to prove. When a medical malpractice lawyer proves breach of duty, they’re proving that the care professional has done something that directly contradicts their duty. So, we’ve already established that a doctor likely has a duty, or legal obligation, to properly diagnose a patient when ample information is available. A doctor may breach that duty when they fail to deliver a diagnosis, or fail to deliver a diagnosis in a timely manner. Let’s say you come into the doctor’s office with appendicitis. It’s obvious that you have it, you’ve got all the symptoms. But the doctor doesn’t order the proper tests that would have revealed your condition. In fact, the doctor tells you to go home and take some aspirin. Then, you’re rushed to the emergency room in the middle of the night because your appendix burst. In the aforementioned scenario, your doctor may have breached their duty of care.

In order to have a claim, a medical malpractice lawyer will need to prove that you have damages. Both your medical records, and your medical bills may be used to prove that you have damages. Damages refer to both the economic and non-economic injuries a person sustains. Economic damages can include lost income, which compensates for income you were unable to earn due to injuries caused by medical negligence, as well as lost wages and medical expenses. Let’s go back to the appendicitis example. Say you had to have your appendix removed because the doctor didn’t diagnose appendicitis in time. The cost of your surgery may be considered to be proof of your damages. Depending on your circumstances, you may also have a claim for non-economic damages such as emotional distress. Most of the proof of damages will come from your medical records pertaining to the incident. But, in order to have a good chance at winning a medical malpractice lawsuit, you need to be able to show that you have damages. A medical care professional may have indeed breached their duty. However, if there are no damages, it may be difficult to prove that the care provider’s conduct meets the standard of negligence.

Lastly, a medical malpractice lawyer will need to prove that the patient’s damages were directly caused by the medical professional’s negligence. When it comes to medical malpractice lawsuits, attorneys may hire expert witnesses within the medical field. Normally, these experts have the same credentials as the defendant. The attorney has the expert witness testify that they would have acted differently under the same or similar circumstances. Going back to the appendicitis example, we already know that doctors generally have a duty to diagnose a medical condition based on the patient’s symptoms. If a doctor’s conduct is measured up against the conduct of other medical professionals with the same credentials, and they say they’d have acted differently, that may help prove that the doctor’s negligence caused the patient to need their appendix removed.

Going through the legal process is simple when you’ve got the best medical malpractice attorney on your side. At Moxie Law Group, our law firm gives potential clients a free consultation to help them determine whether or not it’s in their best interest to file a medical malpractice claim. If we decide that we can help the client, we’ll get started working on the case. At Moxie Law Group, our attorneys work on contingency, meaning that our law firm doesn’t ask for anything upfront. Clients do not pay legal fees unless we help them recover compensation for their injuries. Instead, the case costs are covered by a pre-negotiated portion of your settlement. If you believe a medical care provider’s conduct has substantially deviated from the acceptable medical standard of care, and caused you personal injury, contact our law firm to get started on your free case review.

Most law firms want to avoid medical malpractice lawsuits because going to court is expensive. Instead, many law firms attempt to settle with the insurance company as soon as they possibly can. However, at Moxie Law Group, we do things differently. We understand just how important it is the injured party to have a good medical malpractice attorney with a proven track record. Our legal team is dedicated to fighting for the rights of those who have been injured by malpractice. When the negligent act of a medical professional results in lost wages, pain and suffering, and overwhelming medical expenses, you need a good medical malpractice lawyer to stand up for your rights. A lot of people struggle to advocate for themselves to the insurance company, and even more struggle when their claim involves medical malpractice. Insurance adjusters play a significant role in the settlement process, often working to protect the insurer’s interests and challenge damages claims. Defense attorneys also play a significant role in medical malpractice cases by representing medical providers and challenging the claims brought by injured patients. Many medical malpractice cases are resolved through settlement negotiations, but our firm is always prepared to go to trial if necessary to achieve the desired outcome for our clients. A good medical malpractice lawyer isn’t afraid to go to court and fight for a just jury verdict. It can be a challenge to find medical malpractice lawyers that you can trust. But it’s important to remember that good medical malpractice lawyers are willing to stand up for your rights, and the best medical malpractice lawyers will do whatever it takes to get you the compensation you deserve.

At Moxie Law Group, a personal injury law firm with experience in medical malpractice, we start with a free case evaluation. During the initial consultation, we gather more information about the incident, and help the client decide whether or not to file a claim. At Moxie Law Group, you don’t have to drive all the way to our office for a face-to-face meeting. Instead, you can call us, text us, or send us an email. Our attorneys are committed to making your claim a hassle-free claim. Medical malpractice claims are part of a specialized area of personal injury claims. If you’ve been injured due to malpractice, the process for recovering compensation may be long. Having an attorney you can trust is a crucial part of your case. Our legal representatives assist clients in negotiations with insurance companies and medical facility legal teams to help secure fair compensation. At Moxie Law Group, our attorneys are invested in the cases of their clients. Our attorneys aren’t afraid to go to court or ask for punitive damages.

Our online reviews don’t lie: we’re committed to providing you with an attorney who can help you get the best outcome possible. If you need an attorney who’s willing to fight for you, Moxie Law Group has the attorney for you. There are many forms of medical malpractice, from failure to detect heart disease, to mix-ups with prescription drugs, to leaving gauze inside a patient’s body. Our firm is passionate about being a leader within the legal community. And wear dedicated to providing you with an attorney who can lead your fight for compensation. If you’ve been injured by a medical professional, and you need an attorney who you can trust to fight for you, contact Moxie Law Group today.

If you need an attorney, don’t wait to get the help you deserve. Though we can provide you with an attorney who has experience in malpractice claims, we also have other specialties. At Moxie Law Group, we handle premises liability, car accidents, motorcycle accidents, workplace accidents, product liability accidents, and more. Our firm is equipped to help clients with a wide range of legal problems, ensuring professional guidance and support for various legal issues. If you need an attorney, don’t wait. Having an attorney can increase your chances of getting the compensation you need to recover. Don’t wait until it’s too late. Protect yourself and your best interests by contacting an attorney today.

What legally qualifies as medical malpractice in Utah?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, deviates from the accepted “standard of care” and causes injury or death to a patient. This includes surgical errors, misdiagnosis, medication mistakes, and birth injuries. To have a valid claim, we must prove that the provider’s negligence directly resulted in physical or financial damages that would not have occurred otherwise.

What is the statute of limitations for medical malpractice in Utah?

In Utah, you generally have two years from the date you discovered (or should have discovered) the injury to file a lawsuit. However, there is also a “statute of repose,” which means you cannot file a claim more than four years after the actual date the malpractice occurred, regardless of when it was discovered. Because these deadlines are strict and involve complex legal hurdles, it is vital to contact a lawyer as soon as you suspect negligence.

What kind of compensation can I recover in a malpractice case?

Victims can pursue both economic and non-economic damages. Economic damages cover tangible costs like additional medical procedures, corrective surgeries, and lost wages. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. While Utah previously had caps on non-economic damages for medical malpractice, the legal landscape is constantly evolving, and our team fights to secure the maximum recovery available for your specific injuries.

Do I have to go through a pre-litigation panel in Utah?

Yes. Utah law requires medical malpractice claims to go through a pre-litigation screening process before a lawsuit can be filed in court. This involves a panel review intended to determine if there is a “meritorious” claim. Navigating this process requires extensive medical records, expert testimony, and a deep understanding of Utah’s healthcare statutes.

Why should I hire Moxie Law Group for my medical malpractice claim?

Medical malpractice cases are among the most difficult and expensive personal injury claims to litigate. Insurance companies for hospitals and doctors have massive resources to fight these cases. We provide the aggressive representation needed to level the playing field. We handle the complex investigations and expert consultations, and we operate on a contingency fee basis, so you pay nothing unless we win your case.

Utah Medical Malpractice FAQs

What counts as medical malpractice in Utah?

Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care and that failure harms the patient. A bad outcome alone is not enough; there has to be a breach of the standard.

How do I know if I have a malpractice case?

The core questions are whether a provider was negligent, whether that negligence caused your injury, and whether you suffered real damages. A review of your medical records is the usual starting point, and a Utah medical malpractice attorney can handle it.

Is there a deadline to file in Utah?

Yes. Utah’s Health Care Malpractice Act sets specific deadlines and pre-suit requirements that can be strict, so acting early matters.

What can I recover in a Utah malpractice claim?

Depending on the case, recovery can include medical expenses, lost income, and pain and suffering, subject to Utah’s rules. A malpractice lawyer can explain what applies to you.