Here's the statute of limitation for medical negligence, medical malpractice, and wrongful death claims in the state of Utah

What are your options if you or a loved one suspect you’re victim to medical negligence, medical malpractice, or wrongful death claims in Utah? How long do you have to file a claim?

Knowledge is power and in this Huntsman Injury Law blog post, we’ll help you understand what constitutes medical negligence and medical malpractice. You will also learn more about the criteria for a wrongful death claim.

Medical negligence

There are many different forms of medical negligence such as medication prescription errors, misdiagnosis, mistreatment, and errors with anesthesia administration. Professionals in the medical community such as nurses, orthodontists, and pediatricians have a standard of care they’re expected to follow. This means patients can expect quality treatment and professionalism when receiving care. The standard of care can vary somewhat from place to place, but every place has a standard of care that requires medical professionals to deliver good treatment to patients.

Certain criteria must be met for a claim to qualify as medical negligence which includes:
  • The medical professional must have provided medical treatment to the patient.
  • The medical professional’s treatment of the patient was below the standard of care.
  • The medical professional’s medical negligence resulted in harm to the patient.
Medical negligence claims in the state of Utah have a statute of limitations of two years.

Medical malpractice

The third leading cause of death in America, behind heart disease and cancer, is medical malpractice. Medical malpractice may result in serious unexpected harm or death to the patient. Doctors rarely admit to the mistake, and so it is important to have someone look at the records and circumstances to determine what happened. Sometimes the malpractice is so bad and the harm is so tragic that no amount of money or compensation can make it right.

In Utah, the statute of limitations for medical malpractice claims is tricky. A malpractice action against a health care provider must be filed within 2 years after the injury occured or was discovered, but not to exceed four years after the date of occurrence. There are exceptions to this rule. One exception is when a health care provider leaves a foreign object inside a patient’s body, the patient may bring suit within one year of discovering the mistake. Another exception is when the medical provider fraudulently conceals the alleged misconduct, the patient has one year after discovering the fraudulent concealment to file a lawsuit.

If the medical provider is a governmental employee or entity, the time to file a government claim applies and shortens the time one has to make a claim. The process and claims procedure gets trickier. We suggest that you call an attorney without delay, as delay can affect your claim.  

Wrongful death

If medical malpractice resulted in wrongful death, Utah’s regular medical malpractice statute of limitations applies to the claim. Typically, the deceased’s closest family members must file a wrongful death suit within two years of death, or one year if the claim is against a governmental entity. There are exceptions, so consult an experienced medical malpractice attorney to ensure your rights are protected.  

What are your options if you’re dealing with any of the situations above?

The next step for you to take is to contact an experienced personal injury attorney who can help you understand your options. Do not wait. There is no benefit to delaying a free consultation. Having a lawyer on your team is for your protection and peace of mind. The attorney can focus on the legal issues, and you can focus on healing and moving forward.

Here at Huntsman Injury Law, we help you find your voice and get you the help you need to receive fair compensation. Give us a call at (888) 728-8112 for a free consultation with no obligation.