When someone is injured through the carelessness or neglect of a health care provider, whether a doctor, nurse, dentist, physical therapist or other practicer of the healing arts, there can be a claim brought for the injuries, burns, scars, or death caused by that person or hospital. Unfortunately, in Utah, the Utah State Legislature has established numerous hurdles that must be cleared and hoops that must be jumped through before a claim for medical malpractice can be brought.
In some cases, the statute of limitations is as short as one year from the time the injury occurs until the time that a notice of claim must be initiated. Other times the statute is a little bit longer, two years from the date the injury occurs. Generally speaking, in no event may a claim for medical malpractice be brought more than four years from the date the event occurs.
Once the claim is brought, there are numerous notifications and pre-litigation panels and experts that must be hired before a lawsuit can be commenced. Only an experienced professional can bring a malpractice claim. Do not attempt the claim by yourself. It is too dangerous and risky. Many claims have been lost not, because they lacked merit, but because the procedures were not followed. Utah also has a limitation on the amount of damages that can be received for pain and suffering. This is nothing more then the legislature’s attempt to protect the ones that cause the problems and to limit the ability of the victims to recover justice. It’s not fair, but there still might be a claim. Give us a call at Larson Law.