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 due to negligence at the hand of your surgeon 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 are owed recoverable damages. The legal process for obtaining these can be tricky to navigate. Feller & Wendt can help guide you through filing a claim to receive damages for your medical error.
What Constitutes a Medical Malpractice Lawsuit in Utah?
Medical malpractice refers to a negligent or incompetent act made by a medical professional. This does not solely refer to surgery but any violation of your standard of care. Your doctor is expected to make decisions that are beneficial to your health. Any deviation from this standard of practice is considered medical malpractice in Utah.
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 malpractice to file a claim for damages. While this may seem like a long time, the process of a lawsuit can take years. Reach out to an attorney as soon as you can.
There are also some administrative steps through the Utah Division of Professional Licensing that require you to first file a Notice of Intent to Commence Action against a medical provider. See Utah Code Section 78B-3-412 . Generally speaking, you must give the medical provider 90 days notice and specific details about your claims prior to filing a lawsuit.
Finally, if the medical provider is a governmental entity, you likely only have one year to file your lawsuit before the statute of limitation expires.
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.
- Recovery for pain and damages: This includes any physical therapy or extraneous recovery for unforeseen pain.
- Punitive damages: Utah is particular about who they give punitive damages to, but if your personal injury lawyer is able to prove the negligence you experienced was purposeful or conducted with the intent to cause harm, you may be eligible.
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 is one of the few remaining states with damage caps negating how much you are eligible to receive in compensation. Utah Code Section 78B-3-410 states the injured party is not allowed to recover more than the stated amount in compensation for medical malpractice.
In certain cases, if you are injured, you may not be eligible for noneconomic damages exceeding approximately $450,000, depending on 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. The team of lawyers at Feller & Wendt have over 70 years of combined experience when it comes to helping clients get the most possible compensation for their injuries. We work behind the scenes to gather the necessary evidence while you focus on rest and recovery.
To begin building your case today, call us for a free consultation at (801) 499-5060 or use our contact form. Our dedicated team will work alongside you to provide unparalleled service.
