What Types of Damages can a Victim Pursue in a Utah Medical Malpractice Claim?
A medical malpractice lawyer in Salt Lake City helps victims of medical negligence to pursue two basic types of damages:
- Economic damages represent the actual expenses resulting from the injuries sustained due to medical negligence.
- Noneconomic damages are more challenging to quantify, representing emotional and other losses such as pain, suffering and inconvenience.
Operating under the recognition that a substantial rise in medical malpractice lawsuits and settlements was ultimately increasing the costs of health care to the public, the Utah legislature instituted the Utah Health Care Malpractice Act in 2010. Under this Act, individuals with valid claims can pursue the full economic damages they incur. However, the courts reduce the value of economic damages based on any collateral sources of compensation. For example, if the negligence of a health care provider results in a disability — and the patient receives any form of disability compensation — the courts reduce the lawsuit awards based on the value of the disability payments.
By definition, assigning a monetary value to noneconomic damages is a highly subjective process. However, an important role of experienced Salt Lake City medical malpractice attorneys involves making sure victims of medical malpractice pursue maximum damages for the suffering and other non-monetary damages they sustain. The Act set a cap on noneconomic losses in medical malpractice actions, which amounted to $450,000, which may be subject to upward adjustment due to inflation.
The medical malpractice attorneys at Larsen, Larsen, Nash & Larsen have more than six decades of combined experience assisting victims of medical negligence. Our access to an unparalleled network of resources allows us to conduct thorough investigations into every claim and accurately assess the current and long-term expenses faced by our clients. We offer free consultations to individuals throughout northern Utah. Contact us to learn how we can help.