What is the Value of a Medical Malpractice Settlement in Utah?
Legal Disclaimer: The following values are based on prior cases and should not be interpreted to imply or guarantee that your personal injury claim or lawsuit will have a similar resolution. The circumstances of every accident and the resulting injuries are very different, and only after reviewing your matter in a detailed legal consultation can an attorney give legal guidance. Moreover, a jury will determine the final value of your case.
If you were injured because your doctor made a mistake, or if one of your family members was the victim of wrongful death caused by medical malpractice, you may be able to recover compensation. While this guide will help you understand some basic points about getting compensated for malpractice in Utah, it is vital that you speak to an attorney for personalized guidance and representation. Call the law offices of Overson Law at (801) 895-3143 for a free legal consultation.
When Does an Injured Patient Have a Claim Against a Doctor or Hospital?
Doctor negligence, or medical malpractice, is a widespread problem in clinics, hospitals, and private practices throughout Utah. Medical errors are the number three cause of death in the United States, claiming hundreds of thousands of lives every year. Millions of other patients are non-fatally injured or become seriously ill after a doctor, nurse, surgeon, specialist, or other healthcare professional makes a careless error, such as failing to diagnose cancer, making a mistake during surgery, or misreading a medical scan.
When a doctor makes a negligent, preventable error which would have been avoided by a different doctor with similar training and experience, he or she may be liable for resulting patient deaths or injuries. However, malpractice cases can be extremely complex, and in many cases, liability extends to multiple parties.
Legal representation by a highly experienced Utah malpractice lawyer is vital when approaching these complicated cases. You need a dedicated attorney who is prepared to fight tooth and nail on your behalf to defend your rights and protect your interests in pursuit of maximum compensation for you and your loved ones.
How Much Compensation Can You Get from a Medical Malpractice Lawsuit in Utah?
Utah formerly set limits on the amount of compensation that could be awarded to the surviving family members of a wrongful death victim killed by an act of medical malpractice. Until last year, recovery of non-economic damages – compensation for non-financial harm, such as pain and suffering – was capped at just $450,000. However, in 2015, the Utah Supreme Court struck down these limits as unconstitutional. As a result of this significant ruling, Utah no longer caps non-economic damages, which include compensation for:
- Pain and suffering
- Loss of care, support, and assistance
- Loss of companionship and consortium (loss of a marriage)
Victims can also be compensated for financial losses, referred to as economic damages. Examples of recoverable economic damages in a Utah medical malpractice case include losses and expenses arising from:
- Burial and funeral expenses, in cases involving wrongful death
- Lost benefits
- Lost income
- Reduced earning capacity
- Various medical bills, including anticipated bills and expenses, such as:
- Ambulance transportation
- Doctor appointments
- In-home care services
- Lab tests and diagnostic services
- Medical equipment and devices, such as wheelchairs and braces
- Medical scans and imaging
- Physical therapy
Like non-economic damages, economic damages are unlimited. Ultimately, the worth or value of a claim or lawsuit depends on factors like the severity of the injury, the injury’s financial impacts, and the emotional and mental anguish caused by the injury or illness.
Medical Malpractice and Wrongful Death: Verdicts and Settlements
The following are real examples of settlements and jury-awarded verdicts obtained for medical malpractice victims. However, to reiterate the important legal disclaimer above, every case involves a unique set of details and circumstances. As a result, your case may be valued very differently. It is crucial to consult with an attorney who handles malpractice claims in Utah in order to gain a clearer understanding of your family’s legal situation and the compensation that may be available.
- $158,200 for an arm injury caused by improper application of a cast.
- $250,000 for a victim of surgical object retention (also called “unintended retained foreign objects,” or URFO), which occurs when a surgeon forgets an object inside of a patient’s body.
- $320,000 for failure to diagnose a broken hip (pelvic fracture) caused by a motorcycle crash.
- $450,000 for delayed diagnosis of breast cancer.
- $500,000 for failure to diagnose testicular cancer.
- $750,000 for failing to diagnose cardiovascular problems and heart attack (myocardial infarction).
- $1 million for a birth injury in which the baby suffered cerebral palsy due to a delayed cesarean section (C-section).
- $3 million for wrongful death caused by the misinterpretation of CT scan results.
- $6 million for the negligent infliction of Erb’s palsy caused by improper delivery of an infant.
Our Attorneys in Utah Have Experience With Medical Malpractice Cases
If you, your parent, your child, or your spouse was a victim of medical malpractice in Utah, call Overson Law at (801) 895-3143 to talk about your claim in a free and confidential legal consultation.