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Medical Technology Devices and Malpractice

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,” […]

What is a fetal heart rate tracing?

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 […]

Surgical Error Hysterectomy

“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 […]

Statutes of Limitation on Medical Malpractice Claims in Utah

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 […]

What is a pre-litigation hearing and why does my case require one?

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 […]

GEN Attorneys Assist with Landmark Utah Supreme Court Case

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. […]

Utah’s Transvaginal Mesh Defect Attorneys

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 […]

Jeffs v. West – Clarifying Utah Law

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 […]