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Medical practice can sometimes turn into medical malpractice, leading to devastating consequences for patients and their families.
If you or someone you love has suffered harm at the hands of a medical provider, understanding what constitutes medical malpractice in Utah is the first step toward protecting your rights.
At Craig Swapp & Associates, our team of experienced Utah medical malpractice lawyers stands ready to help individuals pursue compensation for medical malpractice injuries.
Medical malpractice in Utah is governed by a combination of statutory law and court decisions.
In its most basic terms, medical malpractice occurs when a healthcare provider fails to provide care that meets the accepted standard in the medical community, resulting in harm to a patient.
Under Utah Code § 78B-3-401 and related statutes, medical malpractice refers to any legal action brought against a healthcare provider (such as doctors, nurses, hospitals, or clinics) for an injury or death allegedly caused by negligent, wrongful, or unauthorized acts or omissions.
The core of medical malpractice law in Utah centers on whether the provider’s conduct fell below the standard of care expected from similar professionals under similar circumstances. Proving a claim involves establishing several key elements, which we will outline below.
A medical malpractice claim in Utah must have the critical components known as the “elements of medical malpractice.”
These elements, rooted in both statutory and case law, form the foundation of every claim:
Utah medical malpractice law requires plaintiffs to prove each element by a preponderance of the evidence. The testimony of qualified medical experts is typically essential to establish the standard of care and whether it was breached.
Medical malpractice in Utah covers a wide array of medical errors and negligent acts. Some of the most common claims that medical malpractice lawyers in Utah encounter include:
Every situation is unique. If you believe you have suffered an injury due to any of these forms of negligence, consulting a qualified Utah medical malpractice lawyer is vital to protect your rights.
Victims of medical malpractice in Utah may be entitled to compensation for various damages arising from the provider’s negligence. Recoverable damages generally fall into two broad categories: economic and non-economic.
It’s important to note that Utah law places a cap on non-economic damages in most medical malpractice cases. As of 2024, the cap for non-economic damages is $450,000 (Utah Code § 78B-3-410), although there are exceptions in certain circumstances, such as cases involving wrongful death or catastrophic injuries.
Punitive damages, meant to punish egregious conduct, are generally not available in medical malpractice cases unless it can be proven that the provider acted with intentional misconduct or gross negligence.
One of the most crucial factors in any medical malpractice claim is timing. Utah’s statute of limitations for medical malpractice is governed by Utah Code § 78B-3-404.
In most cases, a claim must be filed within 2 years from the date the patient discovered or reasonably should have discovered the injury resulting from malpractice. However, no claim may be brought more than 4 years from the date of the alleged act of malpractice, regardless of when the injury was discovered. This four-year limit is called the “statute of repose.”
There are limited exceptions to these deadlines, such as cases involving fraudulent concealment by a healthcare provider, cases involving minors, or where a foreign object is left in a patient’s body. Still, strict adherence to these deadlines is vital. Failing to file within the statute of limitations for medical malpractice will almost always result in the loss of your right to pursue a claim.
If you suspect you have a claim, it is critical to consult with experienced medical malpractice lawyers in Utah or medical malpractice lawyers in Salt Lake City as soon as possible to protect your rights.
Utah requires all potential medical malpractice claims to go through a unique pre-litigation panel review process before filing a lawsuit in court. This system aims to filter out claims that lack merit and encourage early resolution of valid cases.
Step 1 – Notice of Intent: Before filing a lawsuit, the injured party must serve a “Notice of Intent to Commence Action” on each potential defendant. This notice must describe the factual basis for the claim, the nature of the alleged injuries, and the compensation sought.
Step 2 – Request for Pre-Litigation Panel: After providing notice, the claimant must file a request with the Division of Occupational and Professional Licensing (DOPL) to convene a pre-litigation panel. This request must be made within 60 days after serving the Notice of Intent.
Step 3 – The Pre-Litigation Panel Hearing:. The hearing is informal, and both sides can present evidence, call witnesses, and offer medical records. The panel reviews whether the facts support a reasonable probability of malpractice and causation.
Step 4 – Panel Decision: The panel does not decide liability or award damages. Instead, it issues a non-binding opinion on whether malpractice may have occurred and whether the conduct caused harm. Either party may proceed to court regardless of the outcome, but the panel’s opinion can be introduced as evidence.
Step 5 – Certificate of Compliance: If the panel process is completed or waived, a Certificate of Compliance must be filed with the court to proceed with the lawsuit. Failure to follow these steps can result in dismissal of the claim.
The pre-litigation panel process is complex and requires strict attention to deadlines and procedural rules. Working with a knowledgeable Utah medical malpractice lawyer helps ensure that all requirements are met and that your claim is presented effectively.
Suffering an injury due to medical negligence can turn your world upside down. When facing the consequences of medical malpractice in Utah, you deserve a lawyer who understands the intricacies of medical malpractice law in Utah and has a proven record of helping clients obtain justice.
Whether your claim involves misdiagnosis, surgical errors, birth injuries, or another form of negligence, our dedicated team of medical malpractice lawyers in Utah at Craig Swapp & Associates is here to help. With decades of experience representing individuals and families in Salt Lake City and throughout Utah, our attorneys provide the compassionate support and legal strength you need during a challenging time.
Our firm proudly serves clients in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona. If you choose to hire a Utah medical malpractice lawyer from our team, you pay no legal fees until we settle or win your case. Remember, it takes just “One Call, That’s All” to put our experience and dedication to work for you.
If you or a loved one has suffered harm due to medical negligence, call us at 866-426-2761 or fill out our contact form to schedule your free consultation with one of our medical malpractice lawyers in Salt Lake City, who will fight for the compensation you deserve.
Written By: Ryan Swapp Legal Review By: Craig Swapp