Medical Malpractice


Utah Medical Malpractice Lawyer

According to a recent study by the Institute of Medicine, 44,000 to 98,000 people die each year due to preventable medical errors in our nation’s hospitals. While health care in Utah is generally good, mistakes do occur. The Faerber Law Firm has the experience and expertise to take on physicians, hospitals, and insurance companies to provide compensation for clients. Below are just some of the types of medical negligence which can result in harm or death to patients (click on the links for detailed information):

Surgical Errors
Birth injuries such as brachial plexus palsy, and cerebral palsy
Hospital and Nursing Negligence
Medication Errors
Nursing Home Abuse or Neglect

When people seek treatment from a physician or other medical professional, they literally place their lives in that professional's hands. They expect proper care. When this trust is broken, the law offers monetary compensation for the wide variety of damages that can result from medical negligence. That compensation can make it possible for the victim of medical malpractice to live a better life and deal the financial difficulties created by their injury.

Medical malpractice actions are difficult and costly to pursue. The insurance companies who defend physicians and other health care providers will aggressively defend the claim. Most medical malpractice insurance policies require the physician’s consent before a claim can be settled. This system actually encourages litigation because many physicians will fight to protect their reputation and refuse to acknowledge even obvious mistakes. Nationwide, and in Utah, jury outcomes have shown that jurors often side with the doctor. Despite these difficulties, we have helped many clients obtain excellent results.

In Utah medical malpractice cases must be submitted to a Pre-litigation Screening Panel prior to initiating a lawsuit. This Panel generally consists of an attorney, a physician or other health care provider, and a lay member. The Panel will hear the evidence and decide if they believe the case has merit or not. The findings of the Panel are not binding on the parties, and a plaintiff’s case can proceed regardless of the Panel’s findings. Mr. Faerber has served as the Panel Chairperson on hundreds of screening panels and is very familiar with the process and the most effective ways to present claims.

Another crucial aspect of medical malpractice cases is the use of expert witnesses. To prevail in a claim of medical negligence, the injured plaintiff must prove that the provider “breached the standard of care.” Under Utah medical malpractice law, the standard of care requires the physician or other healthcare provider to use the same degree of care that other qualified physicians would exercise under the same or similar circumstances. Testimony of an expert witness is generally required to establish this standard. Since most physicians will not testify against a fellow physician in Utah, a nationwide search is usually needed to obtain the best expert. We have worked with many experts in various specialties across the country. We have the technical and legal knowledge to work carefully with these experts to achieve success.

The law places time limits on when you can bring a claim for medical malpractice, so it is important to contact an experienced Utah medical malpractice attorney at The Faerber Law Firm immediately if you believe you have a claim.

Home  |  Firm Profile  |  Practice Areas  |  FAQ's  |  Contact Us  |  Disclaimer | Automobile Accidents | Medical Malpractice | Surgical Errors
Birth Injuries | Hospital and Nursing Malpractice | Medication Errors | Nursing Home Abuse and Neglect
Food Poisoning | Dog Attacks | Slip and Fall | Wrongful Death | Blog