Medical Negligence Lawsuits Salt Lake City
Video: The Litigation Process – Salt Lake City, Utah
In this clip, Salt Lake City, Utah attorney Mr. Norman Younker gives an overview of what to expect during the litigation process of the malpractice cases. The process begins with a thorough review of the claim and the patients’ medical records, and then we find qualified experts to support the type of case we are dealing with. Enlarge Video View All Videos
If you have been injured by the carelessness of a healthcare provider, you are morally and legally entitled to fair and full compensation.
Most doctors are required to carry at least $1 million in professional liability insurance to protect against catastrophic patient injuries caused by medical negligence. Premiums are passed on to patients or patients' healthcare providers in the form of small increases in the cost of medical care. Hence, patients assist healthcare professionals in maintaining professional liability insurance so they will be fairly compensated in the event of medical negligence. Hospitals and other healthcare facilities also carry professional liability insurance, usually in excess of $1 million.
Healthcare providers have a legal and moral responsibility to use professional liability insurance to compensate injured patients. This is no different than the obligation an ordinary person has to use his homeowners or automobile liability insurance to fairly compensate someone who was injured by their negligence. Click here to contact us for more information on medical negligence.
Types of Damages
Injured patients are entitled to recover "economic" and "non-economic" damages. Economic losses generally consist of past medical expenses, funeral and burial expenses, lost wages, loss of future income or earnings, loss of financial support, etc. These damages are usually calculated with the assistance of an accountant or economist. Non-economic loss consists of compensation for mental, physical and emotional pain and suffering, and loss of use and enjoyment of life. In cases of death or catastrophic injury, the injured patient's spouse or heirs can often recover non-economic damages for loss of the patient's care, companionship, guidance and consortium. Click here to contact us today for additional information on medical negligence damages.
Substandard Medical Care
Not every unfavorable outcome is the result of medical malpractice. Medical malpractice is the failure of a doctor or other healthcare provider to render the quality of care and treatment ordinarily given by healthcare providers in the same specialty. Substandard medical care is also called medical negligence or carelessness. Healthcare providers are responsible to pay for injuries resulting from their negligence or carelessness even though they did not intend to cause injury or, perhaps, did the best that they could.
Patients are often injured by good doctors or nurses who are overworked, tired, or who are unfamiliar with the patient's particular illness. Other injuries occur when healthcare providers are inattentive or distracted. Sometimes healthcare practitioners are incompetent or sloppy. Regardless of the reason, if you are injured because of substandard medical care, you are entitled to be fairly and fully compensated. Whether a healthcare provider is negligent is usually established by the testimony of another healthcare professional practicing in the same specialty. Click here for more information on medical negligence from the attorneys at Fabian & Clendenin - located in Salt Lake City, Utah.
Healthcare providers are not responsible to pay for injuries or complications unless they are caused by their negligence. Many injuries are accepted risks of a particular illness or medical procedure and occur even though the healthcare provider renders good and appropriate care. You are entitled to recover only for those injuries which are actually caused by the medical negligence or carelessness of your healthcare provider. Click here to contact our medical negligence attorneys today - serving Salt Lake City, Utah, as well as Idaho, Wyoming, Arizona, and Nevada.
Costs & Attorneys Fees
Most patients are unable to pay the costs and attorneys fees required to successfully pursue a medical malpractice claim. Thus, most medical injury lawyers will agree to represent injured patients on a contingent fee basis. Under this arrangement, the medical malpractice attorney agrees not to charge the patient an hourly fee and no fee is charged unless a settlement or judgment is recovered. The contingency fee is limited to a percentage of the amount actually recovered, usually 33-1/3%. Many attorneys will also advance the cost of pursuing a medical malpractice claim with the understanding that such costs will be reimbursed upon recovery of a settlement or judgment. Click here to contact the medical negligence lawyers at Fabian & Clendenin today.
Obtaining Your Records
Before initiating a medical malpractice action, your attorney will meet with you to discuss your claim. You will be asked to sign a form consenting to the release of your medical records and other information as well as a contingency fee agreement. In the weeks that follow, your attorney will obtain and carefully review copies of your medical records. He may also have your records reviewed by a physician or other healthcare professional. Click here to learn more.
Notice of Intent & Pre-Litigation Hearing
If, after reviewing your medical records, your medical malpractice attorney feels that you have a good malpractice claim, he may send a letter to the responsible healthcare provider. This letter will describe the negligent care that caused your injuries. In many states a copy of this letter must be sent to the State Division of Professional Licensing with a request for a hearing on your claim. Usually, within four to six months, you and your medical malpractice attorney will meet with representatives of the state licensing division to discuss your claim. Subsequently, the division will issue an opinion on whether they agree that you have been injured by substandard healthcare.
If the division believes that you have been injured by substandard healthcare, you may be able to settle your claim after this hearing. Your attorney will help you determine what a fair and appropriate settlement amount is; however, the final decision will always be yours. Click here to contact us for more information on medical malpractice claims in Utah, Idaho, Arizona, Nevada, and Wyoming.
Healthcare providers usually believe their conduct was proper, or are unwilling to admit that they have injured a patient through carelessness or neglect. If the responsible healthcare provider is unwilling to settle, it may be necessary to file a complaint in state or federal court and prepare for trial. This process usually takes from two to three years. Most cases settle before trial. Click here to contact us today.
Choosing an Attorney
Because medical malpractice is a complex and specialized area of the law, choosing the right attorney is very important. Most personal injury attorneys have very little experience handling medical malpractice claims. You should ask for an attorney who has extensive training and experience in this area of the law. Click here to contact the medical negligence lawyers at Fabian & Clendenin - located in Salt Lake City, Utah.