Your Utah Personal Injury Lawyer on Medical Malpractice

Have you been wrongly prescribed? If a doctor who has record or knowledge of your allergies to certain medicines prescribes you a drug that has serious side effects on you anyway, you can sue him for medical malpractice with the help of a Utah personal injury lawyer like those of Witt and Associates. You can do the same if he doesn’t prescribe anything for an affliction you’re clearly suffering.

What is medical malpractice?

Medical malpractice takes place when a health care provider fails to follow standard medical procedures and causes injury to a patient. Medical malpractice may be a sin of commission or omission. If the doctor prescribes you the wrong drug, it’s a sin of commission. Conversely, if he fails to take timely, appropriate action when it’s clear you’re suffering from a serious illness, it’s a sin of omission.

How will medical insurance affect my claim?

In Utah, any insurance paid to you can be deducted from your claim, unless your insurance company has subrogation rights. Under subrogation, the insurance company can likewise ask for compensation from the defendant for all or some of the money the former paid to you.

How will Utah’s Statute of Limitations apply to medical malpractice?

Utah personal injury lawyers will tell you that you have to file your case within two years from the date of the act, or from the date you discovered your injury due to medical malpractice. You may file your case beyond two years, as long as you don’t exceed four years from the dates mentioned above. Otherwise, the courts will dismiss your case, no matter how valid it is. If your case involves a foreign object lodged within your body that shouldn’t be there, you have to file your case within one year of the incident.

On medical malpractice claims

As of May 15, 2010, the maximum amount you can claim from the defendant is $450,000, adjusted for inflation. Likewise, contingent fees to your attorney cannot exceed 1/3 of what you get from the defendant.

Medical malpractice is a very technical field of law, so hire a Utah personal injury attorney whose professional experience is concentrated in such cases. For more information on medical malpractice and its sub-categories, such as malpractice due to brain injuries, birth trauma, and so on, start your inquiry with a firm like Witt and Associates.

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