Medical malpractice victims often hear that the law limits the amount of money an injured party can recover. This causes significant worry and many forego litigation out of fear that it is not worth the trouble. Understanding the legal cap on damages can help injured parties overcome this concern. There are two general types of […]
04
Nov
Nov
One of the biggest arguments advanced in support of tort reform is that many doctors, out of fear that they might get sued, practice “defensive medicine,” resulting in exorbitant medical costs to the general consumer. Two recent studies, however, suggest medical malpractice reform does not cut hospital costs. On September 15, 2014, the online medical […]
22
Oct
Oct
Your brain is the central control system for all functions of your body. Accordingly, a brain injury can have a significant impact or your life, causing a multitude of different symptoms. Some of the more common symptoms include: memory loss, inability to control certain muscles, and loss of cognitive function in varying degrees. Properly diagnosing […]
09
Oct
Oct
Radiology is a branch of medicine that uses imaging technology to diagnose and treat disease. Radiologists, are often a key player in a case involving a missed or delayed diagnosis. Sometimes the breach in care is a physician’s failure to involve a radiologist or requesting the incorrect type of imaging. Other times the radiologist misinterprets […]
28
Aug
Aug
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. […]