In January 2021, an inmate filed a suit against the Utah Department for Corrections alleging negligence in the transfer of hundreds of prisoners during COVID-19 times. The allegation was that prisoners were not tested before and after transfers, resulting in an increase in the number of infections inside the facility.
We have recently witnessed a spurt in the number of queries about profession-related malpractice laws in Utah, and most of these questions pertained to the medical profession. So, we assembled a panel of experienced Utah malpractice attorneys to compile the answers that are easy to understand and free of legalese:
1. Factors Required to Prove Medical Malpractice
All patients are required to prove the 4 Ds – Duty, Dereliction (negligence), Direct Causation, and Damages.
Duty: The patient needs to prove that there existed a patient–doctor relationship and that the doctor/healthcare provider was duty-bound to care for the patient. For example, if a person on a train experiences a heart attack and a doctor traveling on the same train helps him, then a patient–doctor relationship does not exist because the doctor is not duty-bound to help the fellow passenger.
Dereliction: The patient needs to prove that the doctor/healthcare provider failed in providing the treatment required and expected of capable professionals in similar circumstances. Basically that the treatment fell below the standard of care established in the profession.
Direct Causation: The patient needs to establish that the damages or injuries he sustained were because his doctor/healthcare provider failed in his duties.
Damages: The patient must prove that he suffered physical or mental (or both) harm because of his doctor/healthcare provider’s actions.
2. Examples of Medical Malpractice
- Wrong diagnosis
- Error in reading diagnosis reports
- Errors in the operating room
- Making the patient opt for a needless surgery
- Prescribing the wrong medicine, or incorrect amount of medicine
- Using infected instruments
- There can be other instances depending on the case. The list above is not exhaustive.
Patients should note that proving malpractice in the court requires an expert witness (who is similarly qualified) to testify.
3. Statute of Limitations
Utah’s malpractice laws allow patients to claim damages within 2 years of the injury or from the date of discovering the injury.
4. Notice of Intent (NOI)
An NOI is a notice to the healthcare provider that says that the patient intends to start a case against him. Patients in Utah are required to provide a NOI to their healthcare provider.
An NOI contains:
- The location, time, and date of the patient’s injury
- Names and identification of all the doctors and healthcare providers who were caring for the patient
- Nature of injuries. Details of misconduct or negligence by one or more doctors or healthcare providers.
Also, the patient is required to request for a Pre-litigation Panel Review with Utah’s Professional Licensing Department within 60 days of sending the NOI. This panel decides if the case has merit. If it does, the patient takes the next steps (filing an affidavit and the lawsuit).
5. Limitations to Damages That Can Be Claimed
There is no upper limit fixed for claiming economic damages such as wages lost, medical bills, diagnosis expenses, therapy expenses, etc.
However, non-economic damages are subject to a maximum cap as per Utah Code 78B-3-410, and these caps are:
- $450,000 for claims occurring after May 15, 2010.
- $400,000 for claims occurring between July 1, 2001, and May 15, 2010.
- $250,000 for claims occurring before July 1, 2001.
Examples of non-economic damages include loss of social life, humiliation, damage to reputation, and other suffering. Only an experienced Utah malpractice attorney can help you estimate the non-economic damages.
FREE CONSULTATION OFFER
Utah’s medical malpractice laws are complex to navigate and such cases can only be handled by an experienced Utah malpractice attorney, who is aware of the procedures and the hurdles that defendants create.
Our team of experienced medical malpractice attorneys has helped many Utah residents receive the rightful compensation (millions of dollars) and the justice they deserve.
