Medical malpractice is the legal term for negligence on the behalf of a healthcare provider. Whether you have been a victim of a surgical mistake, prescription error, birth injury, or countless other potential mistakes, you are owed damages for your physical and emotional trauma. Your doctor and hospital are legally held to a professional standard of care, and any deviation from that can result in injury.
Under Utah state law, if you have been injured due to your healthcare provider’s negligence, you can file a civil claim for damages. This process can be lengthy and time-consuming. A personal injury lawyer can help you navigate the legal issues and medical evidence to help strengthen your case.
How to File a Medical Malpractice Claim in Utah
An injury resulting from medical malpractice can change your world. Lost wages, expensive hospital bills, and physical ailments are all possible consequences of someone else’s negligent behavior. In Utah, if you are attempting to file a medical malpractice lawsuit, there are a couple steps you must take prior.
According to Utah Code Section 78B-3-412, you must notify the negligent party at least 90 days before filing. Your notice must include the following information:
- Time and date of the sustained injury
- Specifics of the negligent behavior or misconduct
- The injury as a result of the negligent party
Additionally, you must file a prelitigation panel review within 60 days of the notice. A personal injury lawyer will have the knowledge to take care of these overwhelming documents while you focus on recovery.
Utah’s Statute of Limitations for Medical Malpractice
Like most states, Utah has a certain amount of time in which you can legally file a medical malpractice claim. If you attempt to file your claim after the statute of limitations, the hospital or health care provider will likely be successful in its request to dismiss your case.
Utah currently has a two year statute of limitations. This means you have up to two years after the discovery of your injury to file. If the medical provider is a governmental entity, then the statute of limitations could be as little as one year. Many times the injury will be immediately recognizable, but sometimes this is not the case. Medical malpractice involving transcription errors or incorrect prescriptions can sometimes take weeks, or even months, to present themselves. Contact a medical malpractice attorney as soon as possible after discovering you have been a victim of medical malpractice.
Cap on Damages for Medical Malpractice Claims
Damage caps are legal restrictions on the amount of compensation a victim of medical malpractice can receive. Utah Code Section 78B-3-410 states:
“In a malpractice action against a health care provider, an injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience. The amount of damages awarded for noneconomic loss may not exceed for a cause of action arising on or after May 15, 2010, $450,000.”
This means that, for any non-economic damages like emotional or physical trauma, your compensation cannot exceed $450,000. However, this does not include economic damages, for which there is no cap. Examples of economic damages include payment for medical care and lost wages because of missed work.
Have a Utah Medical Malpractice Lawyer Assist You Today
Filing a medical malpractice lawsuit can be tricky, and our team of dedicated lawyers at Feller & Wendt are here to take that burden off your shoulders. We have helped numerous clients over the course of many years get the compensation they deserve. If need be, we’ll even take your case to court, where we have a success rate of 95%.
Reach out to a Feller & Wendt representative today for a free consultation so you can begin the healing process. We can be reached at (801) 499-5060 or by using our contact form.
