Medical Malpractice Lawyer in Kaysville and Clearfield
If you suspect a medical error, the timeline matters more than almost anything else. Utah requires several steps before a malpractice lawsuit can even be filed, and the deadlines are shorter than in most injury cases. Dustin Gibb can help you figure out whether you have a claim and what needs to happen next.
In Utah, a medical malpractice claim generally must be brought within two years of discovering the injury, and no more than four years after the error, with limited exceptions. Before filing, the patient must give the provider at least 90 days’ notice and go through a confidential, nonbinding review panel.
A bad outcome isn’t always malpractice
Medicine carries risk, and some treatments fail even when everything is done right. A malpractice claim generally requires showing that:
- A provider owed you care.
- The care fell below the accepted standard.
- That failure caused your injury.
- The injury caused real harm, such as more treatment, lost income, or lasting effects.
The third point, causation, is where many cases are won or lost, and it almost always requires a medical expert.
Utah’s pre-lawsuit process, step by step
Get the records
Complete medical records are the foundation for any review.
Expert review
A qualified medical professional reviews whether the standard of care was met.
Notice of intent
At least 90 days before filing, each provider receives written notice describing the claim.
Prelitigation panel
A request for panel review is filed with the state licensing division (DOPL). The panel’s review is confidential, and its opinion is nonbinding.
Certificate of compliance
Once the pre-lawsuit requirements are met, the case can be filed in court.
Each step takes time, which is why starting early matters so much.
Medical malpractice deadlines
- Generally 2 years from when you discovered, or should have discovered, the injury
- No more than 4 years from the error itself, with limited exceptions
- Exceptions for foreign objects left in the body and for concealment by the provider
- Claims against government-run facilities may require a notice of claim within 1 year
What a claim can cover
Medical costs, future care, lost income, and reduced earning ability can all be part of a claim. Utah limits the non-economic portion, such as pain and suffering, in malpractice cases.
How we handle medical malpractice cases
Medical malpractice cases need medical experts, time, and resources. Depending on the case, Dustin handles it himself or brings in co-counsel with additional medical malpractice experience. You’ll know from the first meeting who is working on your case.
Types of medical errors
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication and prescription errors
- Birth injuries
- Anesthesia errors
- Failures to monitor or follow up on test results
Medical malpractice mistakes
Waiting to see if it gets better
The discovery clock may already be running.
Asking the provider for a written explanation before getting advice
Get your records first.
Assuming a bad outcome proves malpractice, or assuming it doesn’t
An expert review answers that.
Medical malpractice questions
You have the right to request them. We can help you request them, so it’s complete.
No. It’s an informal, confidential review, and its opinion doesn’t decide the case.
Longer than most injury cases, because of the required steps before filing.
What to bring to your consultation
Helpful Legal Posts
Deadlines here are short. Get answers now.
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