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It’s hard to believe that you could end up filing a lawsuit against a doctor, but the reality is that doctors do make mistakes and when it happens, patients pay the price. While most of the time going to the doctor is the right thing to do to get the medical care you need, there are those occasions where a doctor simply doesn’t do their job the way they should and a patient ends up terribly hurt as a result.
It can be a difficult situation to be in, but if you or a loved one are injured as a result of a doctor’s mistake, then you have a medical malpractice case against them and should have a lawyer on your side to help you fight for compensation right away. The doctors and hospitals will do everything they can to limit their liability and the compensation you receive, which is why the sooner you get started on your case and get a personal injury attorney on your side, the better it will be for your case.
We Win Injury Law is here to help citizens of Salt Lake City and other parts of Utah win the compensation they need and deserve for all their personal injury cases, including medical malpractice. Call us today and set up a consultation to see if you have a case and what that case may be worth.
Things to Know About Medical Malpractice Claims in Utah
We know that dealing with legal cases can be difficult, especially while you’re trying to recover from injuries, here are a few things you should know about your case so that you can gain the most compensation possible.
Limitations on Compensation
There are certain limits in place on damages recoverable for medical malpractice in Utah. According to state law, non-economic damages in a medical malpractice case are capped at $450,000. This is done to avoid egregious settlements.
However, this damage cap only applies to non-economic damages like pain and suffering. Financial losses as a result of injuries sustained, such as medical bills, lost wages, travel expenses, legal fees, ongoing recovery costs, medications, etc have no cap. This means that a person may be awarded an amount up to the full extent of the financial losses they have suffered.
Utah operates under what is known as a shared fault rule when it comes to compensation for medical malpractice.
What this means is that the amount of damages a victim is awarded shall be reduced by a percentage based on the amount the patient themselves was at-fault for their injuries. This only applies in cases such that a patient could have mitigated the damages of the malpractice but failed to do so, such as failure to seek follow-up care or to follow the doctor’s advice regarding the treatment of the injury.
In cases where the injury was fully the result of the negligence of a medical practitioner or the patient had no knowledge of potential harm, there is no shared fault.
We Win Injury Law is Ready to Take Your Case
Now that you know a bit more about how medical malpractice cases work in Utah, now is the time to get a talented medical malpractice attorney on your side to get you the compensation you deserve. Let We Win Injury Law be the ones to take on your case and get you a fair and just settlement, contact us today.