Medical malpractice suits are notorious for two reasons — longevity and cost. While it is true that medical malpractice cases can take years to settle or conclude in trial, and the cost of hiring experts can be exorbitant, this is often necessary in order to obtain requisite damages for the plaintiff. Many medical malpractice incidents are extremely personal and result in life-long disability and hardship. In some cases, quality of life is greatly diminished. If you or a loved one has suffered a medical injury due to a doctor or hospital’s negligence, speak to one of our attorneys at Rocky Mountain Personal Injury Center.
Preliminary Filing Process
For a Utah medical malpractice case, plaintiffs are limited to filing within the statute of limitations, which tolls exactly two years from the date of the injury or incident. If the plaintiff does not file a complaint within a two year period, they are barred from recovery. In addition, the plaintiff must file a notice of intent with the healthcare provider they are intending to sue, and compile a review panel. The review panel is similar in theory to a grand jury. The grand jury in a criminal case decides, after reviewing relevant evidence, if the claim has merit and there is not enough evidence to indict the defendant. In a medical malpractice review panel, the panel must decide if there is not sufficient evidence pointing to the negligence of the doctor or medical provider defendant. If so, the plaintiff must then find an impartial third party medical provider, who then prepares a written affidavit of merit. While this process seems complicated, the burden of proof of negligence remains with the plaintiff in all personal injury cases, including medical malpractice.
Next Steps
After the Plaintiff files a complaint against the doctor or medical center, a scheduling order is issued by the judge detailing next steps, including discovery deadlines. Discovery is the time period in which both sides respond to requests for documents, interrogatories, and other documents. This process is usually the most time consuming, but conducting good discovery is essential to determining the value of the case and the likelihood it will settle. In almost all medical malpractice claims, the plaintiff’s attorneys hire medical specialists, such as a forensic examiner, neurologist, psychologist, orthopedist, or surgeon. Appropriate expert witnesses will be determined by the location and severity of the injuries.
The plaintiff is also required to share medical records with the defendant if requested. The defendant reviews the records to identify if there were pre-existing injuries prior to the date of occurrence. For example, if the plaintiff files suit against a hand surgeon for botched surgery, but the plaintiff previously had three routine surgeries in the hand, the Defendants could argue that pre-existing injury contributed to the current injury. This does not mean that plaintiffs with pre-existing conditions should refrain from filing if they suffered at the hands of a negligent doctor. Rather, it is critical to discuss your medical history with your attorney prior to filing suit, and retaining the expert opinion of a subject-matter expert to strengthen your case.
Evaluating Damages
Medical bills and cost of treatment can soar into the hundreds of thousands for complex cases such as birth injury or severe disability. Injured claimants may require a lifetime of specialized care including home health assistance, modifications, physical therapy, specialist visits, and testing. Plaintiffs visit health providers to get better, trusting that the doctor, nurse, or facility is using the utmost care and correct tools or procedures to treat them. When a healthcare provider violates that patient trust, it can be difficult to restore, and almost impossible to make the plaintiff whole. Medical malpractice litigation exists to restore some sense of normalcy to the Plaintiff’s life and allow them to claim damages they are entitled to, based on requisite negligence of the hospital/doctor defendant.
Call Rocky Mountain Personal Injury Center Today
If you or a family member suffered grievous injury, permanent disability or even death at the hands of a negligent healthcare provider, you deserve justice. You should be compensated fully for your injuries, and you should not have to worry about how you will pay for essential medical treatment. It is critical that you act on your claim as soon as possible so you are not barred from recovery. Call the attorneys at Rocky Mountain Personal Injury Center. They focus on personal injury claims including medical malpractice cases, and will work hard on your behalf to seek damages. Schedule a consultation today.
