Everyone trusts medical professionals to provide safe and effective treatment, but in the worst-case scenario, medical errors do occur. If you believe that you or a loved one has been a victim of professional negligence, it can often feel overwhelming to know what to do next—especially if you don’t have the professional help of attorneys […]
Category Archives: Legal Process
05
May
May
On July 19, 2019, G. Eric Nielson & Associates celebrated a substantial victory for victims of medical malpractice in the State of Utah. In the landmark case of Vega v. Jordan Valley Medical Center, et al., our firm, on behalf of all our present and future clients, persuaded the Utah Supreme Court to declare that […]
12
Nov
Nov
Most people are aware that generally, Utah law allows victims of medical negligence two years in which to sue the doctor, nurse, or hospital who committed malpractice against them. However, that is only a general rule. The general rule is riddled with exceptions. One of the biggest exceptions to this rule is the hospital at […]
17
Apr
Apr
Under the best circumstances, pursuing a medical malpractice claim is difficult. Taking on the federal government can be even more daunting. Nonetheless, representing injured patients against the federal government can be emotionally rewarding. These patients are, in many cases, the most deserving of our help. They are often veterans, children, and the poor. An patient […]
23
Jul
Jul
By Attorney Mark Dahl I am often asked “why does it take so long to resolve my lawsuit?” Unfortunately, there is not always a satisfactory answer. I break malpractice cases into five phases: (1) Independent Research and Preparation; (2) Administrative Review; (3) Fact Discovery; (4) Expert Discovery; and (5) Trial. Each phase will likely take […]
25
Feb
Feb
Expert witnesses play a vital role in all medical malpractice litigation. A consulting expert is used to review the facts of a case, to research the medical issues involved, and to help clients and attorneys gain a better understanding of how best to argue the case. In each medical malpractice case, it must be determined […]
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 […]