When you go to a healthcare professional for medical treatment, you expect to be treated with the
highest quality of care. Unfortunately, not all doctors, nurses, surgeons, and other medical
professionals treat their patients with the duty of care they deserve, and when that happens,
serious medical malpractice can occur. If you or a loved one has been injured by a medical
procedure, you need the Rocky Mountain Personal Injury Center and our team of
experienced legal professionals. Call the office or contact us today to schedule a free evaluation of
your claims.
Medical Malpractice
Unlike other types of personal injury cases, medical malpractice claims have a very
different set of legal requirements and procedures that must occur in order to preserve an injury
victim’s claims. The first requirement is filing a lawsuit within the statute of limitations. In Utah,
medical malpractice claims must be filed within two years of the date that the victim knew or
should have known about the injuries. A statute of repose also limits medical malpractice filings to
four years from the actual date of the injury.
The next step that differentiates medical malpractice cases is the filing of the Notice of Intent. An
injury victim must serve the healthcare provider with a Notice of Intent at least 90 days prior to
filing a lawsuit. In addition, the injury victim must request a prelitigation panel review within 60
days of sending the Notice of Intent, and the panel will determine whether the claim has merit.
If the panel decides that the claim has merit, or if a medical malpractice victim files an affidavit of
merit from a qualified healthcare provider, the lawsuit can then move forward through the
courts.
Compensation for Medical Malpractice Claims
Compensation for medical malpractice claims includes damages for both economic and
noneconomic losses. Economic damages includes all out of pocket expenses caused by the accident, including medical bills, lost wages, and the loss of future income and benefits. There are no caps on economic damages for medical malpractice claims. Noneconomic damages compensate
a medical malpractice victim for their pain and suffering, emotional distress, disability,
disfigurement, and the loss of enjoyment of life. In Utah, noneconomic damages are capped for
medical malpractice claims at $450,000.
How a Logan Medical Malpractice Attorney Can Help
Medical malpractice cases are more complex than the average personal injury claim, which is why
you need an expert in medical malpractice law defending your right to compensation after
being injured by a healthcare professional. An attorney has the resources and legal knowledge
necessary to zealously advocate on your behalf after a malpractice incident while you focus on
what is most important – your recovery.
Talk to Our Office Today
If you would like to speak with an experienced medical malpractice attorney about
your claims, call the office or contact us today at the Rocky Mountain Personal Injury Center to schedule a free consultation.
