NOTE: Feller & Wendt, LLC does not handle medical malpractice cases. This page is for informational purposes only.
Whether you have gone in for elective surgery or something more serious, it is a big deal to consent and trust your doctor with your life. Having that trust broken and suffering an injury because of a healthcare provider’s negligence can be overwhelming.
Doctor’s visits can add up financially, and all of the commotion can take a toll on your mental health. In the aftermath of an injury due to the incompetence of your healthcare provider, it is vital you understand your rights.
If you are the victim of medical malpractice in Utah, you may be owed compensation. However, the legal process for obtaining a financial recovery can be tricky to navigate. A medical malpractice attorney can help guide you through filing a claim.
What Constitutes Medical Malpractice in Utah?
Medical malpractice occurs when a healthcare provider fails to meet the applicable standard of care and a patient is harmed as a result. Not every unfavorable medical outcome constitutes malpractice in Utah, but patients who suffer injuries because of negligent medical care may have grounds to pursue a claim.
UCA § 78B-3-404(1) states that Utah has a two-year statute of limitations for medical malpractice claims. This means you have two years after the date of the malpractice to file a claim for damages. While this may seem like a long time, the process of a lawsuit can take years.
Medical malpractice claims in Utah may also be subject to additional pre-lawsuit procedural requirements, including providing notice to the healthcare provider before filing suit. Because these requirements can affect your claim, it’s important to reach out to an attorney as soon as you can.
Recoverable Damages for Medical Malpractice
Depending on the severity of your injury, you may be eligible for multiple variations of recoverable damages. These can include the following:
- Lost wages: If you are unable to work due to the negligence of your doctor or hospital, you may be able to file a claim for compensation.
- Medical bills: Any unexpected trips to the hospital or doctors or any previously-unnecessary prescriptions may be covered in your damages.
- Pain and suffering damages: This includes any physical pain, emotional distress, or impacts on your overall quality of life.
Damages for medical malpractice are typically settled outside of court and are based on the documentable financial, physical, and mental stress it caused the patient. To determine what you are eligible for, a personal injury lawyer can help you gather evidence and build your case.
Are There Damage Caps for Medical Malpractice Lawsuits in Utah?
Utah law places limits on certain types of damages that may be recovered in a medical malpractice case. Utah Code Section 78B-3-410 states that an injured party is not allowed to recover more than the stated amount in compensation for medical malpractice.
In certain cases, you may not be eligible for non-economic damages exceeding $450,000, plus inflation.
Contact a Utah Medical Malpractice Attorney Today
Dealing with the aftermath of an injury can leave you with unpaid hospital bills and lots of confusion. An attorney can help you understand your legal rights, evaluate your potential claim, and guide you through the legal process while you focus on your recovery.
Feller & Wendt, LLC – Layton Office
67 S. Main St., #100
Layton, UT, 84041
801-499-5060
801-421-1569
Feller & Wendt, LLC – St. George Office (by appointment only)
169 W 2710 S Cir, Suite 202-A
St. George, UT, 84790
801-499-5060
801-421-3132
Feller & Wendt, LLC – Salt Lake City Office
4424 South 700 East, Suite 240
Millcreek, UT, 84107
801-499-5060
801-421-2445
Feller & Wendt, LLC – Phoenix Office
1 N 1st St, Suite 7550
Phoenix, AZ, 85004
480-702-2277
480-360-4471
Feller & Wendt, LLC – Mesa Office
2222 S Dobson Rd, # 500
Mesa, AZ, 85202
480-702-2277
480-573-7601
Feller & Wendt, LLC – Boise Office
5536 N Eagle Rd,
Boise, ID, 83713
208-595-6953
208-391-5945
