Personal Injury Info Center
Personal Injury Statute of Limitations
How Long Do I Have to Bring a Lawsuit?
If you have been injured because of the reckless or negligent actions of another person or a company, you have a limited amount of time to take them to court to seek compensation. In some cases, you may have as little as one year.
Read the rest of this entry »Medical Malpractice Resource Links
Damages in Medical Malpractice Cases
Compensatory damages are intended to compensate the plaintiff for the actual injury and harm that he or she has suffered. In other words, compensatory damages aim to make the plaintiff "whole." Compensatory damages can be divided into two categories, damages for economic loss (actual damages) and non-economic loss (general damages). Economic loss includes out-of-pocket expenses, such as medical and hospital bills, the cost of prescription drugs, nursing assistance, physical therapy and medical equipment such as a wheelchair. Lost wages because of missed work while you were recovering are also recoverable as compensatory damages.
Read the rest of this entry »Proving Your Case – Causation
To establish a case for medical malpractice, the plaintiff must prove that the defendant had a duty to the plaintiff, that the defendant failed to meet the standard of care owed to the plaintiff, that the mistake actually caused the plaintiff's injury and that the doctor or other medical professional's negligence damaged the plaintiff. Proof of causation can be a difficult issue in a medical malpractice case. For one thing, the injuries generally involved in medical malpractice cases require specific medical training to understand, and the normal plaintiff may not know the cause of such injuries...
It is important to contact an experienced medical malpractice attorney at Rasmussen Miner & Associates Attorney's At Law in Salt Lake City, UT, who can evaluate your situation and work with experts to prove causation. Read the rest of this entry »Responsible Parties in Medical Malpractice Actions
In addition to doctors and surgeons, a variety of other health care professionals, including dentists, psychiatrists, nurses, nurse practitioners, physician's assistants, chiropractors and alternative medicine providers, can be held liable for medical malpractice. As with a case against a doctor, to be successful in a medical malpractice case against another health care professional, the plaintiff must prove that the provider owed a duty to the plaintiff, that the provider breached that duty by deviating from the acceptable standard of care, that the provider's breach caused the plaintiff harm and that the plaintiff was injured.
Read the rest of this entry »Understanding Informed Consent
In many situations where medical care or treatment is provided to an individual, medical professionals are required to obtain the patient's "informed consent." Although the specific definition of informed consent may vary from state to state, it means essentially that the patient has made a knowing decision about a medical treatment or procedure after a doctor or other health care professional discloses all the information a reasonably prudent medical provider would give to a patient regarding the risks involved in the proposed treatment or procedure. If the health care provider fails to obtain informed consent, the patient may have a legal claim for damages. An experienced medical malpractice attorney at Rasmussen Miner & Associates Attorney's At Law in Salt Lake City, UT, can help you determine whether you have a claim and represent your interests throughout the legal process.
Read the rest of this entry »Medical Malpractice – An Overview
Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Negligence by a medical professional could include an error in a diagnosis, treatment or illness management. If such negligence results in injury to a patient, a case could arise against the doctor if his or her actions deviated from generally accepted standards of practice; against the hospital for improper care, such as problems with medications, sanitation or nursing care; or against local, state or federal agencies that operate hospital facilities.
Read the rest of this entry »FAQs about Medical Malpractice
Q: What is medical malpractice?
A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient.
Q: Does someone who is not satisfied with the results of his or her surgery have a malpractice case?...
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