Category Archives: Legal Process

Affidavit of Merit Requirement Ruled Unconstitutional

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 […]

Utah Statute of Limitations: Never assume that you have a full two years in which to sue a careless doctor or hospital under Utah Law!

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 […]

Suits against United States

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 […]

Why Does My Case Take So Long to Resolve?

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 […]

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 […]