One of the reasons that medical malpractice occurs so frequently is increased reliance on computerized systems, automatic orders, and inadequate training on the proper use of medical technology and devices. Thankfully, the healthcare industry is starting to take note. A recent article titled “New Medical Technology Poses Safety Problems if Users not Trained Properly,” […]
26
Aug
Aug
What is a fetal heart rate tracing? The goal of fetal heart rate monitoring is to prevent fetal injury that might result from disrupted fetal oxygenation during or prior to labor. Lack of oxygen to a fetus can cause significant brain damage, resulting in cerebral palsy. Hospitals utilize either external monitoring or internal monitoring to […]
06
Aug
Aug
“Jane,” a 46-year-old working mother of three, began experiencing cramping and pain in her pelvis. She went to her gynecologist to discuss her situation. He diagnosed her with “rectocele,” a protrusion of the rectum into the vagina. He told her that he would need to perform a hysterectomy and place a mesh to fix the […]
01
Aug
Aug
The statute of limitation in Utah for most personal injury claims is four years from the date of injury. A statute of limitation is a law that places a time limit on when a potential plaintiff is allowed to sue. These laws attempt to balance several interests, including: 1) the right of the person suing […]
17
Jul
Jul
In 2008, in an attempt to curb the perceived rising costs of medical malpractice insurance, the Utah Legislature passed the “Utah Health Care Malpractice Act”. Part of this plan was to institute a pre-litigation process to weed out non-meritorious medical malpractice claims prior to initiating the formal litigation process in a state court. This process […]
18
Aug
Aug
On Friday, the Utah Supreme Court handed down its decision in Turner v. University of Utah Hosps. You can read the decision here. Ms. Turner was severely hurt in a car accident, and while she was being treated for her injuries at the hospital, staff members negligently moved her, breaking her back and paralyzing her. […]
07
Aug
Aug
The Food and Drug Administration has warned that the use of transvaginal mesh exposes patients to a greater risk of complications than other methods of surgical vaginal repair. The FDAstated that in spite of the increased side effects risk, transvaginal mesh repair surgery carries no addition benefits compared to other surgeries. Transvaginal mesh is a […]
29
Feb
Feb
Today the Utah Supreme Court issued its opinion in Jeffs v. West; an article on the decision is available here. It’s an interesting opinion about duties of professional care in medical malpractice cases. The unanimous decision is likely to stir a lot of controversy, mostly because of the unfounded concern that, as reporter Melinda Rogers […]
01
Dec
Dec
The year is almost up, and so far, we’ve had over a hundred Texans contact us and looking for a lawyer to file a medical malpractice case for them in their home state. We’re licensed and practice are in Utah…so why are they calling us? Texas is a big place, so why can’t they find […]
24
Nov
Nov
This time of year is important to all of us at G. Eric Nielson & Associates, as it probably is to most of you. We’re very thankful to have the opportunity to represent so many fine people. Our clients are the most important part of our practice, and are the reason we fight. We’re grateful […]