Utah Personal Injury Lawyers

Accidents Involving Delivery Trucks and Vans

admin — Thu, 06 Oct 2011 01:17:17 +0000

Truck Crash Trivia

The Tenere Desert in Central Africa is home to the world’s most isolated tree. There’s not one other standing tree within 31 miles. In 1960, it was smashed into by a truck.

Utah Delivery Truck Accident Attorneys

Truck Accidents: The Dangers of Meeting Unreasonable Delivery Quotas

Every work day, and often on weekends, thousands of delivery trucks travel the highways and streets of Utah. Some delivery trucks weigh as much as 80,000 lbs. and most are operating under a tight schedule to complete their runs. Trucks deliver goods to businesses and households including everything from furniture to mail to goods purchased on the Internet. Trucking companies contribute to the economy and their services improve our lives, but, unfortunately, negligent truck drivers also cause tremendous hardship and heartache when their careless or reckless behavior causes an accident.

Every year commercial trucks are involved in 2.4% of all car accidents. This may not sound like a high percentage, but one person is injured or killed in a truck accident every 16 minutes. The majority of fatal truck accidents occur in rural areas, on a weekday, and in the daytime when the most delivery trucks and daily commuters on are on the road.

One of the reasons for delivery truck accidents is the pressure on drivers to make as many deliveries as possible in the shortest time frame possible. For every dollar in revenue the average trucking company makes it has a cost of 95.2 cents. Leaving them with a profit of 4.8 cents of every dollar. To increase profits, trucking companies may cut costs by overworking their drivers or improperly maintaining their fleet of trucks.

Fed Ex and Overnight Shipping Delivery Truck Accidents

Because of the nature of the overnight-shipping business, the drivers of these trucks are under intense pressure to complete a certain number of deliveries each day. Exhausted, frazzled, or improperly trained drivers may feel the need to speed to meet their delivery quotas and may ignore company policies or safety laws to get the job done faster. If a delivery van or truck driver that forgets something as simple as engaging the parking brake their vehicle can roll down a sloped road causing injury to another person or property damage. Even backing up when they’ve passed a house rather than taking the time to go around the block may be considered negligent driving if the driver backs over a bystander.

The U.S Postal Service, UPS, DHL, and Fed Ex, are among the best-known companies that make daily deliveries to businesses and homes but all shipping companies and local stores that use delivery trucks have a responsibility to properly train their drivers, to keep their trucks in good working condition, and not to give their employees unrealistic daily quotas, so as not to encourage the dangerous driving behaviors detailed above.

Free Consultation With a Salt Lake City Delivery Truck Accident Lawyer

If you’ve been in an accident involving a courier car, delivery truck, either as a pedestrian, a driver or a property owner, the expert personal injury and truck accident lawyers at Rasmussen and Miner may be able to hold the shipping company, as well as the driver of the truck, liable for damages.

Our law firm is dedicated to protecting your rights to financial recovery. Contact our Salt Lake City law office or call (801) 363-8500 to schedule a free consultation.

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Burns, Explosions & Electrocutions

admin — Fri, 19 Aug 2011 01:05:43 +0000

Representation in Electrocution and Burn Injury or Death Claims

Salt Lake City, Utah, Explosions Attorney

Burn injuries resulting from home fires, chemical exposure and electrocution accidents often leave victims facing permanent and painful disabilities, physical and emotional. In addition, painful and expensive surgeries and rehabilitation can financially devastate families for years to come.

If you have been severely burned or lost a loved one in an explosion, contact the Utah law firm of Rasmussen & Miner online, or toll free at 1-800-585-6726. Our catastrophic injury attorneys offer over 20 years of sound legal advice and representation to people throughout the state.

Why You Need an Experienced Personal Injury Advocate

Finding proper financial compensation after explosions and burn injury accidents requires a lawyer with the background, experience and access to vital resources needed to protect a client’s rights, and hold the negligent individuals and companies liable for such life-altering damages to individuals and their families.

We consult with medical specialists, physical and occupational therapists, economists and life care planners to build a clear case detailing the extent of injury and full impact on our client’s quality of life. A burns and explosions attorney at our firm can handle cases involving:

Burn injuries from fires or defective products
Heat and smoke inhalation injuries
Burns due to chemicals exposure
Electrocutions at home or on the job
Propane and natural gas explosions

Understanding Other Hidden Damage and Costs

While many burns take months to heal, related internal organ and tissue damage can result in further health complications, from to reduced mental ability, memory loss and self image concerns. Severe brain damage and spinal cord injuries suffered in explosions can require major lifestyle modifications for the rest of a victim’s life. We address all the consequences facing victims and their families, including dealing with stubborn employers and insurance carriers.

At Rasmussen & Miner we know this is not just a court case, this is your life!

Call (801) 363-8500 or contact our Salt Lake City law office to schedule a free initial consultation with a Utah personal injury attorney dedicated to protecting your rights to full and fair financial recovery.

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Personal Injury Statute of Limitations

admin — Sat, 23 Jul 2011 03:47:14 +0000

Salt Lake City Personal Injury Attorneys

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.

Contact our law office in Salt Lake City to schedule a free consultation where we can discuss your case options.

Statute of Limitations on Accident Claims and Personal Injury Lawsuits in Utah

A statute of limitations states the number of years you have to bring a complaint. The deadlines will be different for different types of cases.

In general, you have four (4) years from the date of injury to file a personal injury claim.
In medical malpractice cases, you have two (2) years from the time you knew or could have discovered you had suffered an injury, or four (4) years after the negligent act.
If you were injured as a child you can bring a case once you turn 18, but you should consult with a lawyer about your specific case.
A person with a mental disability may be able to bring a case at any time. The law is unclear on this so talk with a lawyer
If you were injured on government property or your health care provider is an entity of the State of Utah, we must comply with the Governmental Immunity Act. The statute of limitations in your case may be as soon as one (1) year after your injury.

How Our Salt Lake City Personal Injury Lawyers Can Help You

If you have been injured in an accident, it’s wise to talk with an experienced personal injury attorney as soon as possible. It’s also important that your lawyer be able to begin investigating your case as soon as possible. As time goes by, evidence disappears and witnesses forget what happened. The sooner you get a lawyer on your case, the more likely it is that a good case can be built.

Follow the links below for more information about personal injury accidents and injuries:

Car accidents
Motorcycle crashes
Trucking accidents
Drunk driving accidents
Pedestrian and bicycle accidents
Commercial vehicle accidents
Passenger injuries
Medical malpractice cases
Medication errors
Misdiagnoses and failure to diagnose
Failure to promptly treat
Birth injuries
Cerebral palsy
Surgery errors
Nursing errors
Nursing home negligence
Premises liability
Recreational injuries
Construction zone accidents
Toxic torts
Spinal cord injuries
Traumatic brain injuries
Head Injuries

Contact Us

At Rasmussen & Miner we understand that this is not just a court case. This is your life. Call (801)363-8500 or contact our Salt Lake City law office< to schedule a free consultation.

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Medical Malpractice Resource Links

admin — Fri, 22 Jul 2011 18:19:51 +0000

Medical Malpractice Resource Links

National Patient Safety Foundation: The NPSF website features information about patient safety.

U.S. Agency for Health Care Research & Quality: Provides information and links about patient safety, tips for patients and other general health information.

Joint Commission for International Patient Safety: The Joint Commission promotes and provides for the delivery of safe, high-quality care through its standards, event database, programs and its National Patient Safety Goals.

National Conference of State Legislatures: Features chart comparing the medical malpractice laws for all 50 states.

Medical Malpractice News: Medical malpractice news provided by the American Association for Justice.

Medical News Today – Medical Malpractice/Litigation News: Up-to-date medical malpractice news and litigation news articles, including news about lawsuits, legislation, compensation claims, pharmaceutical company disputes and more.

ABA Division For Public Education – Medical Malpractice: Topical information about medical malpractice law to inform individuals about their legal rights.

Insurance Information Institute – Medical Malpractice: Information about medical malpractice and insurance.

Tort Law: An Overview: Information and resources about tort law provided by the Legal Information Institute (LII) at the Cornell Law School.

Malpractice: Information and resources about malpractice provided by the Legal Information Institute (LII) at the Cornell Law School.

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Damages in Medical Malpractice Cases

admin — Fri, 22 Jul 2011 18:18:12 +0000

Damages in Medical Malpractice Cases

Damages are a critical element of a medical malpractice case, and the plaintiff cannot recover damages for injuries that did not result from the doctor’s conduct. Therefore, the plaintiff must establish a causal connection or link between the plaintiff’s injury and the doctor’s negligence. Generally, there are two types of damages available to a plaintiff in a medical malpractice case: compensatory damages and punitive damages.

An experienced medical malpractice attorney at Rasmussen Miner & Associates Attorney’s At Law in Salt Lake City, UT, can evaluate your situation, determine whether you have a claim and put together a case for damages.

Compensatory Damages

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.

Non-economic losses are harder to quantify in terms of monetary value and include pain and suffering, inconvenience, mental anguish, loss of consortium or companionship, loss of the ability to work, physical impairment or disability and disfigurement. It may also be possible for the plaintiff to recover damages for future lost wages and future medical treatment or therapy. A plaintiff may also be able to recover damages for the loss of the chance to obtain a better outcome in the surgery or medical procedure because of the defendant’s negligence in treating the plaintiff.

If the plaintiff cannot establish actual damages, he or she may still be entitled to nominal damages. Nominal damages are typically very small amounts awarded in cases where the plaintiff has not sustained any actual loss or harm as recognition that a legal injury was sustained.

Punitive Damages

If the evidence shows that the doctor, nurse or other health care provider acted willfully, wantonly, maliciously, fraudulently, with bad faith or with a conscious indifference to the potential consequences, the plaintiff may be entitled to punitive damages. Punitive damages, also known as exemplary damages, serve to punish the health care provider for his or her wrongdoing in an effort to prevent similar future misconduct. Negligence alone is not sufficient to impose punitive damages. Some states allow exemplary damages, which are designed not to punish, but rather to compensate the plaintiff where the injury is seen as more severe because of aggravating circumstances.

There are a number of situations in which it may be possible for a plaintiff to recover punitive damages from an individual health care provider. Courts have awarded punitive damages in the following situations:

Failure of surgeon to obtain the patient’s informed consent to the surgery
Failure to properly perform surgery or provide proper follow-up care after surgery
Failure to perform sufficient tests to ascertain the health of a child
Misrepresentation or fraud regarding surgery
Altering medical records
Failure to properly administer drugs or anesthesia

Courts have considered a variety of factors, which have been found to support a punitive damages award. Such factors include performing non-emergency surgery after a long day, performing a particular procedure at a significantly higher than normal rate, performing a procedure when a more appropriate procedure, which could not be done by the defendant, is indicated, overcharging for services and continuing to use a particular treatment when it has had bad results in the past.

A plaintiff may also be able to recover punitive damages from an institutional health care provider such as a hospital or clinic depending on the circumstances. Courts have allowed punitive damages where a hospital or clinic is liable for the conduct of one of its employees; a hospital or other employer ratified or approved of the employee’s conduct, which conduct warranted an award of punitive damages; a health care institution failed to ensure the competency of its employees or supervise personnel; a hospital failed to provide adequate facilities, equipment or supplies; and an institution refused to disclose medical records.

Contact a Medical Malpractice Lawyer

Depending on your situation, you may be able to recover punitive damages as well as compensatory damages in your medical malpractice case.

An experienced medical malpractice attorney at Rasmussen Miner & Associates Attorney’s At Law in Salt Lake City, UT, can evaluate your situation and put together a case for damages.

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Proving Your Case – Causation

admin — Fri, 22 Jul 2011 18:17:09 +0000

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.

Preponderance of the Evidence

In medical malpractice cases, the burden is on the plaintiff to establish, by a preponderance of the evidence, that the defendant was the cause of the plaintiff’s injury. This simply means that the plaintiff must prove that it was more likely than not that the defendant’s actions caused the plaintiff’s injury. This may be especially hard to do in cases where the plaintiff alleges that the injury is one that might ordinarily be the expected result of the original disease or condition; that is, where the plaintiff is basically alleging a failure to cure.

Types of Causation

There are two types of causation: actual cause (cause-in-fact) and proximate cause. The defendant’s actions are the cause-in-fact of the plaintiff’s injury if the plaintiff would not have been injured “but for” the defendant’s wrongful act, or if the plaintiff’s injury was a foreseeable result of the defendant’s action. Proximate cause deals with the issue of whether, considering all other relevant factors, the defendant’s actions were the legal cause of the plaintiff’s injury.

The defendant will often try to demonstrate that there are other causes for the plaintiff’s injury. One such possible cause is the plaintiff’s pre-existing condition, that is, the plaintiff’s original illness or injury for which he or she sought medical treatment. In addition, the defendant may try to show that the plaintiff was negligent in some way, and that this negligence, and not the health care provider’s, actually caused the plaintiff’s injury. The health care provider may also argue that even if he or she deviated from acceptable medical procedures, such a deviation would not have altered the outcome for the plaintiff. Further, the health care provider might argue that there was a “superseding cause” or “intervening cause” that serves to shift liability to another third party who caused a new, independent and unforeseen harm.

Expert Testimony

Because of the complexity of the subject matter of medical malpractice cases, it is generally held that the plaintiff must rely on expert testimony to support causation. Most medical issues are not within the common knowledge of the plaintiff or the jury, so an expert’s testimony can help the jury understand the applicable standard of care, whether the defendant provider failed to meet that standard, causation and damages. Medical malpractice cases often come down to a “battle of the experts” between the plaintiff’s expert and the defendant’s expert, who each offer opinions on the plaintiff’s underlying condition, defendant’s actions, whether they were in line with the standard of care and whether the defendant caused the plaintiff’s injuries. In some cases, such as where the result of the medical treatment or surgery is so obvious that a layperson can understand it, an expert may not be necessary.

Res Ipsa Loquitur

If a patient is injured as the result of a medical procedure, but does not know exactly what caused his or her injury, but it is an injury that would not have occurred without negligence by a health care provider, the plaintiff might be able to invoke the legal doctrine known as “res ipsa loquitur.” This is a Latin phrase which means “the thing speaks for itself,” and implies that the plaintiff needs to show only that a particular result occurred, and it would not have happened but for the defendant’s negligence. A classic example of the type of case in which res ipsa loquitur arises is one in which a medical instrument is left inside a person following surgery. Clearly, an instrument would not be left inside a person in the absence of someone’s negligence.

To successfully invoke res ipsa loquitur, the plaintiff must show that:

There is no evidence of the actual cause of the injury
The injury is not the kind that ordinarily occurs in the absence of negligence
The plaintiff was not responsible for his or her own injury
The defendant, or its employees or agents, had exclusive control over the instrumentality that caused the injury
The injury could not have been caused by any instrumentality other than that over which the defendant had control

Contact a Medical Malpractice Lawyer

Issues of causation can be some of the most difficult issues to prove in a medical malpractice case. Because of this, expert testimony is often required.

An experienced medical malpractice lawyer at Rasmussen Miner & Associates Attorney’s At Law in Salt Lake City, UT, can gather the necessary documentation and medical records and work with experts to build a case for malpractice.

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Responsible Parties in Medical Malpractice Actions

admin — Fri, 22 Jul 2011 18:15:33 +0000

Medical malpractice liability is not limited to medical doctors. It also can extend to nurses, dentists, osteopaths, health care facilities and others providing health care services, such as nursing homes.

If you believe that you have been the victim of malpractice by any health care provider, do not delay in contacting an experienced medical malpractice attorney at Rasmussen Miner & Associates Attorney’s At Law in Salt Lake City, UT.

Individual Providers: Doctors, Nurses and Other Health Care Professionals

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.

Hospitals

In the context of medical malpractice actions, hospitals can be held directly liable for their own negligence, and can also be held “vicariously” liable for the negligence of their employees. Vicarious liability means a party is held responsible not for its own negligence, but rather for the negligence of another.

Direct Hospital Negligence

In hiring its medical staff, a hospital must make reasonable inquiries into an applicant’s education, training and licensing. If a hospital fails to make reasonable inquiries regarding a member of its medical staff, it might be held liable under the “corporate negligence” doctrine for negligent supervision or retention if the staff member’s negligent care injures a patient. A hospital might be held liable for its own negligence where, for example, it fails to investigate the credentials of an attending physician before granting him or her privileges at the hospital or where it allows a physician whom it knew, or should have known, was incompetent to treat patients at the hospital.

Hospitals are also required to ensure that there is a sufficient number of registered nurses on duty at all times to maintain quality patient care. A hospital that fails to do so may be held liable for injuries to patients resulting from a nursing shortage. Another area of potential liability arises when a hospital’s employees fail to follow the orders of a patient’s private attending physician. Conversely, if a hospital employee finds a private physician’s treatment plan to be clearly contraindicated, but fails to make a reasonable inquiry of the physician as to the treatment plan, the hospital could also be found liable.

Finally, hospitals may be held liable for failing to protect patients from harm, failing to adequately perform clinical tests, neglecting to keep accurate medical records and not properly admitting and discharging patients. In the area of admissions, hospitals are generally required to treat seriously injured or ill people on an emergency basis, and the refusal to do so may result in hospital liability. Additionally, federal and state statutes prohibit hospitals from refusing to treat or admit people based on their race, color, religion or national origin, or on their inability to pay for treatment.

Vicarious Liability

When a hospital employee’s malpractice injures a patient, the hospital itself may be held vicariously liable under the legal doctrine of “respondeat superior.” Under this doctrine, an employer may be held liable for the negligent acts of its employee, if the employee was acting within the scope of his or her employment when the negligent act or omission occurred. This doctrine is important to plaintiffs in medical malpractice cases, because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.

In some situations, health care providers, such as physicians, are considered independent contractors rather than hospital employees, and the doctrine of “respondeat superior” will not apply. What this means is if a doctor or other health care professional is an independent contractor and commits malpractice while treating a patient in a hospital, the hospital cannot be held liable for the doctor’s negligence. However, the hospital can be held liable for its own negligence, for example, in granting attending privileges to an unlicensed or incompetent physician.

HMOs

A number of courts have considered the question of whether health maintenance organizations (HMOs) can be held liable for the negligence of a member physician. Essentially, medical malpractice claims against HMOs proceed under the same theories as cases against hospitals. The first theory is direct negligence — that the HMO is liable for negligent hiring, supervision or retention of its doctors. The second theory is based on vicarious liability, agency or respondeat superior. It is important to note that many malpractice claims against HMOs may be subject to pre-emption by state or federal law. These pre-emption provisions are a way to protect HMOs chartered under state law from huge jury awards.

Contact a Medical Malpractice Lawyer

Doctors aren’t above the law. If you’ve been hurt by a doctor, a pharmacist, a nurse or other medical professional in the greater Salt Lake City area, call our office at 801-363-8500. You can count on your Rasmussen Miner attorney to work hard to get you results. If you or someone you love has been injured as a result of negligent conduct by a health care provider, an experienced medical malpractice attorney can see you through the complicated legal maze of a medical malpractice lawsuit.

Contact a medical malpractice attorney at Rasmussen Miner & Associates Attorney’s At Law in Salt Lake City, UT today.

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Understanding Informed Consent

admin — Fri, 22 Jul 2011 18:14:17 +0000

Does Signing an Informed Consent Waive my Right to Sue for Medical Malpractice?

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.

The concept of informed consent is based on the principle that a patient has the right to prevent unauthorized contact with his or her person and, thus, a physician has a duty to disclose information to the patient so that he or she can make a reasoned decision regarding treatment, based on an understanding of the treatment to be provided. In certain situations, informed consent is an absolute necessity. For example, in medical trials or experiments that receive federal funding, informed consent must be obtained from any human participant or subject.

How to Ensure Valid Consent

There are a number of things that the health care provider can do to ensure that the patient’s consent is valid:

The actual person who will be performing the procedure should obtain the consent and that provider should have a full understanding of the patient’s medical history
The doctor should ensure that the patient is legally and mentally capable of giving consent
The doctor or hospital should not coerce the patient into giving consent
The patient must consent to a specific procedure, and generally, the health care provider cannot go further than the scope of that procedure
The health care provider must disclose sufficient information to the patient, such as the nature and purpose of the procedure, the probable risks and benefits, alternative treatments and the risks and benefits thereof, unusual but serious risks, such as death and the consequences of refusing the treatment
The patient must be given an opportunity to ask questions and think about the information

Types of Consent: Express and Implied

Informed consent may be either “express” or “implied.” Express consent is given in writing or verbally. If a patient’s consent is written, it should include the name of the health care professional who discussed the proposed treatment with the patient, the name of the health care provider who is to perform the procedure and the date, time and location where the consent form was signed.

Consent not given by a patient in writing or verbally, but understood from the circumstances surrounding the procedure or treatment at issue is known as implied consent. Consent may be implied when, for instance, a patient presents him or herself for a relatively simple, non-invasive procedure. Consent is also usually implied for necessary procedures a surgeon might perform in the course of a surgical procedure to which the patient did consent.

Exceptions to the Requirement of Obtaining Valid Consent

Emergency Situations. In emergency situations, there is not always time to obtain a patient’s informed consent, or the patient may be unconscious and unable to communicate. If an emergency involves risk to the patient’s life or the patient is unable to communicate, consent may be implied under the rationale that the patient would have consented to emergency treatment when faced with a life-threatening event.

Risk of Significant Emotional or Physical Harm. Consent may not be required if the patient might suffer significant emotional or physical harm if they are given troubling information.

Compulsory Tests. Consent is not required in situations where a patient must submit to a test or treatment; for example, in situations of mental health problems or communicable disease.

Obtaining Consent from Incompetent Individuals and Minors

When a competent adult seeks medical treatment, the process of obtaining informed consent may seem relatively easy. However, in situations where mentally disabled or impaired individuals or children need treatment, the ability to obtain informed consent becomes more difficult. In these situations, serious questions arise concerning who is able to give informed consent for those individuals.

In most cases, a mentally disabled person has an appointed guardian authorized to make medical decisions and give informed consent for that individual. Medical providers need to make sure that when they obtain informed consent for incompetent individuals, they have obtained it from the correct person or persons.

In most situations, parents can give informed consent for treatment for their minor children. However, some states allow young adults under eighteen to play a more active role in their medical care and treatment, including the process of informed consent. Not every teenager is capable, however, of making informed consent decisions under these laws. Instead, most states focus on “mature minors” capable of understanding the nature and consequences of treatment. In those states, such young adults may be able to provide consent without consulting with their parents. For example, some states have passed specific laws that allow for minors to consent, without parental knowledge or approval, to health care treatments related to substance abuse, mental health and sexual activity.

Contact a Medical Malpractice Lawyer

Patients are entitled to complete information about treatments or procedures they will undergo. Failure to provide the information can subject the health care providers to legal liability.

If you think you may have a claim based on the lack of informed consent, contact an experienced medical malpractice attorney at Rasmussen Miner & Associates Attorney’s At Law in Salt Lake City, UT, at once.

Personal Injury Information Center

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Medical Malpractice – An Overview

admin — Fri, 22 Jul 2011 18:11:41 +0000

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.

Medical malpractice laws are designed to protect patients’ rights to compensation if they are injured as the result of negligence. However, malpractice suits are often complex and costly to win. While theoretically you can seek compensation for any injury caused by negligence, regardless of its seriousness, time and money make it unrealistic to sue for an injury that is minor or heals quickly.

Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney at Rasmussen Miner & Associates Attorney’s At Law in Salt Lake City, UT, who can help you determine whether your claim is worth pursuing.

Theories of Liability in Malpractice Cases

Negligence

Most medical malpractice cases proceed under the theory that a medical professional was negligent in treating the patient. To establish medical negligence, an injured patient, the plaintiff, must prove:

The existence of a duty owed by the health care professional to the plaintiff (for example, a doctor/patient relationship)
The applicable standard of care, and the health care professional’s deviation from that standard, which is deemed a breach of the duty owed to the patient
A causal connection between the health care professional’s deviation from the standard of care and the patient’s injury
Injury or harm to the patient

One of the most important aspects of a medical malpractice action is establishing the standard of care to be applied to the health care professional. To find a medical professional legally at fault, it must be shown that his or her conduct fell below a generally accepted standard of medical care. To establish the standard to be applied, the plaintiff must present expert testimony not only as to the standard of care applicable, but that also establishes that the defendant failed to meet the standard. In cases where the defendant’s violation of a standard of medical care is so apparent as to be comprehensible to the average person, expert testimony may not be required.

Another element of medical malpractice actions, causation, is sometimes difficult to establish. Specifically, the plaintiff must show that his or her health care provider’s deviation from the applicable standard of care resulted in his or her injury. This is challenging because sometimes there may be other factors that contributed to the plaintiff’s eventual injury.

Informed Consent

In many situations, the failure to obtain a patient’s “informed consent” relative to a procedure or treatment is a form of medical negligence, and may even give rise to a cause of action for battery. Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must inform the patient of all potential benefits, risks and alternatives involved in any surgical procedure, medical procedure or other course of treatment, and must obtain the patient’s consent to proceed.

Breach of Contract or Warranty

Although doctors very rarely promise specific results from procedures or treatments, in some cases they do, and the failure to produce the promised results may give rise to an action for breach of contract or breach of warranty. For example, a plastic surgeon may promise a patient a certain result, which result may be judged more easily than other types of medical results, simply by viewing the patient. Similarly, if a patient is not satisfied with the outcome of a procedure and the physician had guaranteed or warranted a certain result, the patient may attempt to recover under a theory of breach of warranty.

Potential Defendants

Medical malpractice can be committed by several types of health care professionals, including doctors, surgeons, nurses, technicians and other hospital workers. In a case where a hospital employee commits malpractice, the hospital itself may be held liable under the legal doctrine of “respondeat superior.” Under this theory, an employer may be held liable for the negligent acts of its employee if the employee was acting within the scope of his or her employment when the negligent act or omission occurred. This doctrine is important to plaintiffs in medical malpractice cases because it helps ensure there will be a financially responsible party to compensate an injured plaintiff.

Contact a Medical Malpractice Lawyer

In general, there are no guarantees of medical results. An unanticipated or unsuccessful result from medical treatment or surgery does not, in itself, mean that medical malpractice has been committed.

Nonetheless, if you believe you may have been the victim of medical malpractice, you should meet with an experienced attorney at Rasmussen Miner & Associates Attorney’s At Law in Salt Lake City, UT, as soon as possible to discuss the facts of your case and receive a professional evaluation of your situation.

Personal Injury Information Center

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FAQs about Medical Malpractice

admin — Fri, 22 Jul 2011 18:02:23 +0000

Frequently Asked Questions 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?

A: In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor’s deviation from the standard of care applicable to the procedure.

Q: What is “informed consent?”

A: Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks and alternatives involved in any surgical procedure, medical procedure or other course of treatment, and must obtain the patient’s written consent to proceed.

Q: Do I have a case against a doctor who prescribed me a drug for treatment, but failed to tell me it was part of an experimental program?

A: Your physician had a duty to tell you that the drug was part of an experimental program, and you had the right to refuse to participate in it. You may have grounds for an action against your doctor based on his or her failure to obtain your “informed consent” relative to this treatment.

Q: If the consent form I signed prior to a procedure is considered valid, can I recover any damages in a malpractice action against my doctor?

A: Yes, you still may be able to recover damages. A consent form does not release a physician who performed a procedure negligently from liability. If you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and you were injured as a result, you may still recover against him or her. You may also have a claim that the procedure the physician performed went beyond the consent you gave, in which case the doctor might even be liable for battery.

Q: How does a jury determine if a doctor’s actions were negligent?

A: A jury will consider the testimony of experts, usually other doctors, who will testify whether they believe your physician’s actions followed standard medical practices or fell below the accepted standard of care.

Q: What is a “Certificate of Merit?”

A: One obstacle plaintiffs in many states may have to overcome before they can even file a malpractice action against a health care professional is the requirement that they file what is commonly known as a “certificate of merit.” In order to file a certificate of merit, a plaintiff will first have to have an expert, usually another physician, review the relevant medical records and certify that the plaintiff’s health care provider deviated from accepted medical practices, which resulted in injury to the plaintiff. The plaintiff’s attorney then files the certificate of merit, which confirms that the attorney has consulted with a medical expert and that the plaintiff’s action has merit.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Personal Injury Information Center

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