What is medical malpractice?
How much does it cost to sue for medical malpractice?
What is the process of suing for medical malpractice?
What if I signed an Arbitration Agreement?
How much money can I recover?
What is the statute of limitations?
Where can I go for additional information about medical malpractice?
Is there a medical malpractice crisis driving up the cost of medical care and forcing doctors to quit practicing?
What is medical malpractice?
Medical malpractice occurs when a doctor, nurse, chiropractor, therapist, midwife, pharmacist, podiatrist, hospital or other health care provider gives treatment that falls below the standard of care for that profession. It can be as complex as failing to properly diagnose cancer or as simple as leaving a sponge in someone’s body after surgery.
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How much does it cost to sue for medical malpractice?
These types of cases involve complex issues of law and medicine. Expert physicians are required to analyze the evidence and explain to the jury what went wrong. It is also necessary to take the sworn testimony (depositions) of all the defendants and the witnesses. As your attorney, the Wahlquist Law Firm will advance all the costs necessary to pursue your case. If we do not get you any money, then we do not get paid back. In addition, the attorney receives a percentage of the total recovery. In Utah, the legislature has limited the attorney’s fee to 33%.
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What is the process of suing for medical malpractice?
The first step is to meet with your attorney and go over the facts. We will then gather the medical records and have them examined by one of our expert physicians from around the country. After the expert confirms that you have a good case, we move forward with litigation.
Before you can sue a health care provider in Utah for medical malpractice, you must go through a pre-litigation hearing with the Division of Occupational and Professional Licensing. The Wahlquist Law Firm will handle that hearing for you. After the hearing is complete we will file a complaint in court and begin taking the sworn testimony of the defendants and the witnesses in preparation for trial.
We continually evaluate your case all through the process and at appropriate times we will have discussions with the defense attorneys about the possibilities of settling the case. After all the evidence is gathered we usually try to resolve a case through mediation. If the defendant is unwilling to pay you the money you need at mediation, then we go to trial.
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What if I signed an Arbitration Agreement?
More and more doctors are requiring their patients to sign arbitration agreements. Although the law prohibits doctors from refusing treatment if you don’t sign, many patients feel pressured into signing these documents without really understanding what they mean.
Arbitration agreements only benefit the doctors and hospital. By signing them you are giving up your right to pursue your medical malpractice claims in court. Rather than have your claims heard by a jury of your peers, your case will be decided by a panel of three arbitrators. The problem is that two of these arbitrators are paid by the doctor’s insurance company and one of them is usually another doctor selected by the insurance company.
Many of these arbitrators are attorneys who used to work for doctors and their insurance companies. They now make their living deciding these types of cases and they know if they let the patient win then the insurance company will not agree to hire them anymore. They have every incentive to rule against you.
Arbitration is bad news for patients. Regardless of what your doctor told you, the process for pursuing these cases is very similar to filing suit in district court, and you will still need to hire an experienced medical malpractice attorney to represent you. The Wahlquist Law Firm has experience dealing with arbitration agreements and the arbitration process.
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How much money can I recover?
The amount of money you recover will ultimately be decided by a jury. If we settle the case before trial, it will usually be with the help of an experienced mediator who will help get you the most money possible. If you have been injured as a result of medical malpractice, you can recover for damages associated with lost income, medical bills, lost future wages and benefits, pain and suffering, loss of household services and loss of companionship.
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What is the statute of limitations?
The statute of limitations for medical malpractice in Utah is generally two years from the time you discover the malpractice. However, there are many exceptions to this rule. For example, the statute of limitations for children does not start until they turn 18. If you have been injured through the negligence of a health care provider, you should contact us as soon as possible. Even if you think the time to sue may have passed, you should give us a call to discuss your options.
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Where can I go for additional information about medical malpractice?
- You can file a complaint or find out about disciplinary action against a doctor at www.dopl.utah.gov
- You can find out about dangerous medical devices and drugs at www.fda.gov
- The Center for Justice and Democracy at www.centerjd.org is a good source of information about medical malpractice.
- Public Citizen is a good source for information about national medical malpractice issues. They can be found at www.citizen.org.
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Is there a medical malpractice crisis driving up the cost of medical care and forcing doctors to quit practicing?
No, there is no medical malpractice crisis. Despite all the propaganda being offered by insurance companies and physician lobbying groups, there is no crisis. Consider the following facts:
- From 2002 to 2003, personal injury lawsuits in the U.S. District Courts dropped by 28%. (Judicial Facts & Figures, Table 2.2 Administrative Office of the Courts).
- Between 1992 and 2001, the number of civil trials in state courts dropped by 47%. (Civil Trial & Verdicts in Large Countries, 2001; Cohen & Smith Bureau of Justice Statistics, 2004).
- Over the past 20 years, the percentage of personal injury filing in Utah compared to the Utah population has decreased. (Utah Administrative Office of the Courts).
- Increases and decreases in insurance premiums correspond to increases and decreases in the economy, not malpractice awards. (Insurance-reform.org - Medical Malpractice Insurance, Stable Losses - Unstable Rates 10-10-02).
- Only 0.7% of all cases filed in the Utah State court system in 2004 were personal injury cases. (Utah Courts Caseload Statistics - District Court Caseload - FY2004).
- In 2004, Intermountain Health Care (IHC) filed 8,949 debt collection lawsuits in Utah Courts. (State of Utah - Administrative Office of the Court, 2005).
- American businesses file four times more lawsuits than private citizens. Business and their attorneys are 69% more likely to be sanctioned for filing frivolous lawsuits that individual plaintiffs. (http://www.citizen.org/pressroom/release.cfm?ID=1799)
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