Injured In Utah

Most doctors carry malpractice insurance and will have an attorney hired by the insurance company to represent them. Under Utah law, you cannot go directly to court to seek compensation for injuries from medical malpractice. A 'notice of claim' must be sent both to the health care provider and the Utah Department of Professional Licensing. After receipt of these notices, a panel is chosen which has one person from each medical specialty involved, an attorney and a lay person. The panel hears both sides of the story and then issues a decision which finds the claim either meritorious or non-meritorious. The Department of Professional Licensing then issues a certificate of compliance and, if the health care provider and patient cannot reach a settlement, a formal lawsuit may be filed. Just to get through this preliminary process almost certainly requires a Utah attorney experienced in medical malpractice claims.

If a lawsuit becomes necessary, one difficult and expensive aspect of medical malpractice claims involves expert witnesses. In each lawsuit for medical malpractice, the plaintiff must show through the testimony of a doctor that (1) the doctor accused of malpractice failed to provide a standard level of medical care required throughout the profession and (2) that the failure to provide such care caused injury. Some expert medical witnesses have been known to charge up to $2,500/hr for their assistance. Obviously, in addition to the other hurdles imposed by medical malpractice statutory law in Utah, the requirement of expert testimony can be very prohibitive in pursuing a medical malpractice claim.

Finally, the amount of money that you can receive for medical malpractice is limited. Recovery for lost wages (both future and present) and medical bills arising from the malpractice are not limited. However, compensation for your pain and suffering is limited by statute. As of 2006, Utah law limited recovery of 'non-economic' damages to $460,000. This means that if your arm were to be amputated through malpractice, you could recover all of your lost wages due to the malpractice, but could only recover $460,000 for your pain, suffering and emotional damages due to the loss of your arm.