West Valley City Medical Malpractice Attorney
We trust doctors, nurses, and surgeons to take good care of us and our loved ones any time we need to receive medical treatment. Unfortunately, medical errors and hospital errors are among the leading causes of death in the United States. Medical malpractice occurs in clinics, hospitals, and private medical practices throughout Utah every day – and West Valley City is no exception.
If you or a loved one was a victim of medical malpractice in West Valley City, you may be entitled to financial compensation for your pain and suffering, medical bills, and other losses. Contact West Valley City malpractice attorney Darwin Overson at (801) 895-3143 to arrange a free and confidential legal consultation to find out if you could have a claim.
Examples of Medical Malpractice in Utah
Medical malpractice occurs when a healthcare professional performs improper actions that cause a patient to sustain or develop an otherwise preventable injury or illness. In other cases, the injury or illness may result from the doctor’s failure to take certain actions, such as not ordering a lab test or following up with a patient.
In comparison, it is not malpractice, even when the patient has a poor outcome, if the doctor performed his or her duties appropriately, as another physician with similar qualifications and experience would have considering the circumstances. While malpractice is a complex area of the law, and the following is an oversimplification, the most succinct explanation is that malpractice is avoidable patient harm resulting from a doctor’s negligence.
While it is impossible to state whether or not you have a malpractice case without discussing your situation in a free consultation, below are some common examples of actions that could constitute medical negligence:
- Accidentally leaving gauze, sponges, or other equipment inside of a patient’s body after surgery, which is sometimes called “foreign object retention” or “surgical object retention.”
- Failure to ask a patient about their medical background, such as current medications or prior conditions.
- Failure to diagnose cancer, or other detectable diseases or infections, in a timely manner.
- Failure to interpret lab test results correctly.
- Failure to order lab tests.
- Failure to refer a patient for follow-up care as necessary.
- Failure to sterilize medical equipment or the operation room properly.
- Losing tissue samples, fluid samples, or patient records.
- Medication errors, such as prescribing the wrong medication, accidentally administering a harmful or lethal dose, or mixing up two patients’ medications.
- Performing surgery or other procedures incorrectly (surgical errors).
- Performing surgery on the wrong site, limb, or area of the body.
- Sexually abusing a patient who is sedated or anesthetized, under the influence of a medication, or under other circumstances, such as misrepresenting the medical necessity of touching or examining a patient’s genital area.
How Much is My Medical Malpractice Case or Settlement Worth?
It is not possible to accurately estimate the potential worth of your medical malpractice claim without assessing the specific details, as there are wide variations from case to case. That being said, there are still a few basic principles that broadly apply to all malpractice cases in Utah.
For example, regardless of the nature of the case, the victim must always show that the doctor acted with negligence. If the plaintiff or claimant can demonstrate that he or she was a victim of medical negligence using evidence such as medical records, compensation may be recoverable.
There are several different types of compensation, or “damages,” for malpractice victims in Utah. One type, called “economic” damages, is compensation for the victim’s medical bills, income losses, and other financial losses, including the estimated future impact on the victim’s earning capacity. Another type, called “non-economic” damages, is compensation for pain and suffering. Both are examples of “compensatory” damages, because their purpose is compensating the victim. In some instances, the victim can also recover “punitive” damages, which punish defendants for willful, malicious, or fraudulent conduct.
Utah does not cap or limit economic damages in medical malpractice cases. Non-economic damages are unlimited in wrongful death cases, but remain capped at $450,000 in cases where the victim survives.
West Valley City Medical Malpractice Lawyer Representing Victims
Utah malpractice victims can be compensated for medical expenses, income losses, and other losses and hardships resulting from doctor negligence, including losses that are expected to arise in the future. However, due to the great complexity of malpractice claims and the aggressive tactics utilized by malpractice defense lawyers, it is absolutely critical that you have the benefit of skilled and experienced legal representation on your side.
Trust malpractice attorney Darwin Overson to defend your rights, protect your best interests, and pursue justice for the pain and suffering you have been forced to endure because of your doctor’s careless actions. To set up a free legal consultation, contact the law offices of Overson Law at (801) 895-3143 today.