Hospital visits are meant to provide healing and support, yet mistakes can happen. When those mistakes cause emotional distress – from anxiety, depression, or other psychological impacts – the situation becomes even more serious. 

In cases of emotional distress in hospital medical malpractice, patients might feel overwhelmed by fear, frustration, and a sense of betrayal by the medical system meant to protect them. 

If a hospital’s negligence led to severe emotional harm, consulting medical malpractice lawyers in Utah early on can be a critical step. Craig Swapp & Associates stands ready to assist injured individuals pursuing legal action – offering no legal fees until you settle or win to help ease financial worries while you focus on your recovery.

What Is Emotional Distress in Medical Malpractice?

Emotional distress refers to mental or psychological suffering caused by another party’s actions. In the context of emotional distress medical malpractice, patients may deal with severe anxiety, panic attacks, ongoing depression, post-traumatic stress symptoms, and other psychological harm.

This can be triggered by various scenarios, including:

  • Major surgical errors during a hospital stay
  • Misdiagnoses that delay necessary treatment
  • Negligent medication errors causing heightened emotional trauma
  • Verbal abuse or subpar conditions that exacerbate mental suffering

The legal concept of emotional distress doesn’t require a physical injury in every instance, though it’s often accompanied by physical harm in hospital medical malpractice. For it to be considered in a claim, though, the distress typically must be severe, diagnosable, and linked directly to the hospital’s negligent actions or omissions.

Can You Sue a Hospital for Emotional Distress?

Yes. A hospital can be sued for emotional distress if it engaged in negligent actions that caused genuine mental harm. This is part of hospital medical malpractice, where a facility could be held liable if its staff or protocols did not meet an acceptable standard of care.

Hospitals carry a duty to:

  • Ensure properly trained and licensed medical providers are on staff
  • Maintain clean and safe premises
  • Maintain adequate patient monitoring and proper protocols for treatment
  • Keep thorough, accurate patient records

When a hospital’s negligence leads to misdiagnosed conditions, delayed treatments, or other harmful errors, that negligence can cause significant trauma. If you’re left with lasting emotional distress due to the hospital’s actions, Utah law allows you to file a claim for damages, including mental anguish. Consulting Utah medical malpractice lawyers can be the first step to assessing whether you have grounds for this type of legal action.

Should You Also Sue a Healthcare Professional Aside from the Hospital?

In many hospital medical malpractice situations, hospitals can be accountable for the negligent acts of their employees, which include nurses, technicians, or on-staff physicians. However, some doctors function as independent contractors rather than hospital employees. 

That distinction affects who can be sued for emotional distress in medical malpractice and related damages. The extent to which a provider and a facility are held responsible usually hinges on their contractual arrangement, as well as the specifics of the negligent conduct that led to your emotional distress.

Experienced Utah medical malpractice lawyers often evaluate whether multiple parties should be named in a case. Discussing your case with a medical malpractice lawyer allows you to pinpoint which parties hold fault, thereby helping you seek fair compensation for the full range of damages.

How Do You Prove Emotional Distress in Your Claim?

Proving emotional distress can sometimes pose unique challenges, but thorough evidence can strengthen your case. 

Generally, showing the following may help substantiate your claim:

  • Evidence of Negligence: Demonstrate that the hospital deviated from the standard of care. This may include records showing incorrect medication dosages or a lack of supervision that led to serious errors.
  • Direct Connection: Show a link between the hospital’s negligence and your emotional distress. Medical or mental health evaluations can be key in demonstrating how hospital medical malpractice led to emotional distress.
  • Severity of Harm: Emotional distress must be more than fleeting worry or everyday anxiety. For compensation, patients often need proof from mental health professionals, documentation of prescriptions for anxiety or depression, or personal journals describing severe psychological impacts.
  • Credible Documentation and Testimony: Testimony from therapists, counselors, or psychiatrists can play an important role. Friends and family can also testify about your behavioral changes, social withdrawal, or other signs of mental anguish.

An experienced medical malpractice lawyer in Salt Lake City can help gather the necessary documentation, work with experts who can speak on your behalf, and compile a strong package of evidence that shows the extent of your suffering.

Medical Malpractice Statute of Limitations in Utah

Suing a hospital for emotional distress is only possible if you meet Utah’s statute of limitations for medical malpractice. Under Utah Code § 78B-3-404, a claim must generally be filed within 2 years from the date of discovery of the injury. In some cases, this may be extended up to four years from the date of the negligent act.

Key factors to keep in mind:

  • Date of Discovery: If you do not immediately know about the hospital’s negligence, the clock may start running when you become aware of it (or reasonably should have known).
  • Exceptions for Minors: There may be different time frames for minors, which could extend the deadline.
  • Potential 90-Day Notice: Utah may also require specific notice before bringing a claim against a healthcare provider.

Because statutes of limitations can be complicated, it’s essential to work with medical malpractice lawyers in Utah who understand the timing rules and can take action within the correct deadlines.

How Much Can You Recover from Emotional Distress Damage?

In Utah, compensation for emotional distress in medical malpractice can vary significantly based on each individual’s circumstances. 

A settlement or court award might include:

  • Psychological Treatment Costs: Therapy, counseling, or other mental health expenses.
  • Medication Costs: Prescription drugs to manage stress, anxiety, or depression.
  • Pain and Suffering: Broader compensation for mental anguish, fear, or terror you experienced.
  • Loss of Enjoyment of Life: Damages for the ways your life may have changed due to the psychological fallout.

Utah places a cap on noneconomic damages in medical malpractice cases, so consulting Utah medical malpractice lawyers can provide further clarity about potential recovery amounts.

Other Damages You Can Claim 

Beyond emotional distress, Utah medical malpractice law allows you to pursue additional damages if a hospital’s negligence harmed you. 

Common examples include:

  • Medical Costs: Fees for procedures, follow-up surgeries, rehabilitative care, or any extra treatment arising from the malpractice.
  • Lost Earnings: If you miss work or can no longer work due to physical or psychological injuries, you may claim lost wages.
  • Reduced Future Earning: Long-term or permanent injuries can affect career prospects, making you eligible for compensation to offset lost future income.
  • Wrongful Death Claims: If a loved one suffers a fatal outcome due to the hospital’s conduct, Utah law allows surviving relatives to file a wrongful death action.

Each patient’s experience differs, which is why a thorough legal evaluation is necessary to capture the full extent of your losses.

How Can Utah Medical Malpractice Lawyers Help You?

Filing a claim for emotional distress in medical malpractice demands a careful approach – collecting medical evidence, lining up credible experts, and navigating negotiations or litigation. 

Experienced medical malpractice lawyers in Utah can streamline the process and protect your rights by:

  • Investigating records to identify exactly how the hospital failed you
  • Collaborating with experts who can address both medical and psychological harm
  • Securing evaluations from mental health professionals to validate emotional distress
  • Negotiating with insurance representatives to seek fair compensation
  • Representing you in court if a settlement cannot be reached

Their ability to handle both the legal and emotional aspects of your case can greatly reduce the stress you face in pursuing justice.

Do You Need Legal Help Suing a Hospital?

No one expects to leave a hospital with deeper wounds – especially psychological ones – due to inadequate care. If hospital medical malpractice causes long-lasting emotional distress, you have the right to seek compensation within the legal structure Utah provides. 

With over 15 years of service, Craig Swapp & Associates can offer the guidance and determination needed to fight for your interests. With us, “One Call, That’s All” – you start down the path toward accountability and potential relief for the harm you’ve suffered, all while knowing your medical malpractice lawyer in Utah has your back every step of the way.

Call our office today at 1-866-308-3822 or fill out our contact form to have your free consultation scheduled.

Written By: Ryan Swapp     Legal Review By: Craig Swapp