Medical Malpractice Statute of Limitations


If you've been injured as a result of medical malpractice and want to file for compensation, you need to get in touch with an attorney as soon as you can. The statute of limitations for medical malpractice in Utah is generally just two years from the date of the injury, and it takes time to investigate a claim. Our team in Salt Lake City is ready to get to work on your case now so you have the best chance at securing compensation.

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WEBVTT 00:00:06.829 --> 00:00:08.842 In Utah, medical malpractice cases 00:00:08.843 --> 00:00:10.900 have to be brought within a certain time period. 00:00:11.929 --> 00:00:15.614 That makes it difficult because the time period is different, 00:00:15.615 --> 00:00:17.714 depending on who made the medical error. 00:00:18.214 --> 00:00:23.000 If it is a person who's employed by the University of Utah, 00:00:23.001 --> 00:00:25.929 which might work at the VA, they might work at IMC, 00:00:25.930 --> 00:00:27.743 it's hard to know where they're working. 00:00:27.744 --> 00:00:29.971 But if they're employed by the University of Utah 00:00:29.972 --> 00:00:32.520 and working within that realm, 00:00:32.521 --> 00:00:35.371 meaning the University of Utah has a contract to send them there, 00:00:35.800 --> 00:00:40.886 then the statute to notify them of a claim is one year. 00:00:41.614 --> 00:00:44.485 If they don't work with the University of Utah, 00:00:44.486 --> 00:00:45.643 you have two years. 00:00:47.357 --> 00:00:48.770 Sometimes in medicine, 00:00:48.771 --> 00:00:50.986 you don't know that there's been an error for time. 00:00:50.987 --> 00:00:54.529 You might get a scan, and they tell you it's normal. 00:00:55.086 --> 00:00:57.071 Four years later, you find out it was cancer. 00:00:57.072 --> 00:01:00.157 There was cancer on that scan, and no one told you. 00:01:00.843 --> 00:01:02.314 The two years is up. 00:01:02.529 --> 00:01:05.771 In Utah, you can extend that two years a few years, 00:01:06.100 --> 00:01:07.514 but no more than four. 00:01:08.243 --> 00:01:10.986 If the negligent happened four years ago or more, 00:01:10.987 --> 00:01:13.829 with very, very few exceptions, you have no case. 00:01:14.300 --> 00:01:15.643 The laws aren't fair, 00:01:15.644 --> 00:01:19.086 but that's another thing people have trouble understanding 00:01:19.087 --> 00:01:21.970 is when we can take a case and not take a case 00:01:21.971 --> 00:01:22.929 based on when they come in. 00:01:22.930 --> 00:01:25.429 That's why it's important to contact a lawyer early 00:01:26.454 --> 00:01:28.573 and make sure that you don't miss your chance 00:01:28.574 --> 00:01:31.029 to at least investigate the case and get answers. 00:01:31.030 --> 00:01:34.315 I get a lot of sad cases that seem like they're clearly a case, 00:01:34.614 --> 00:01:37.371 but they waited so long because they've been grieving 00:01:37.372 --> 00:01:40.100 or didn't understand what happened. 00:01:40.471 --> 00:01:42.961 It's been over four years, or it's been past two, 00:01:42.962 --> 00:01:46.486 and it's going to be tricky to prove that they can bring a case.

Younker Hyde Macfarlane, PLLC

Younker Hyde Macfarlane, PLLC

At Younker Hyde Macfarlane, PLLC, our attorneys have decades of combined experience in complex cases. We represent clients in all types of personal injury cases, with a special focus on medical malpractice claims. Our firm is associated with the following professional organizations:

  • Utah Bar Association
  • American Bar Association
  • Salt Lake County Bar Association
  • American Trial Lawyers Association

To schedule an appointment, please contact us online or call (801) 335-6467.

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