Attorneys at Law

Archive for Personal Injury

Medical Malpractice and the “Apology Rule” Trick

As a medical malpractice attorney, I like to know the insurance defense industry’s tricks.  A recent article published by the Monthly Prescribing Reference discusses one of them.  The article addresses the frequent failure of health care providers to empathize with patients who have suffered as a result of adverse outcomes and medical malpractice.  These “expressions of empathy” are […]

Blaming Lawyers for Obstetrical Malpractice?

A recent article in Utah’s Deseret News suggests that the threat of medical malpractice lawsuits is causing obstetricians to perform unnecessary Cesarean sections.  C-sections are a medical procedure where a surgical incision is made through the mother’s abdomen to deliver the baby. The article restates outdated statistics published by the American Congress of Obstetricians and […]

Damages in Personal Injury Seminar: June 27

Along with some of Utah’s finest attorneys, I’ve been asked to present a seminar on damages in personal injury cases (you can register here) later this month.  As I’ve prepared, I realized that a lot of people who have been hurt by medical malpractice or negligence don’t quite know what to expect.  When I meet […]

Utah Medical Malpractice: Birth Injuries

Birth injuries not only have physical and emotional consequences, they also place a financial strain on the child’s family. I have seen families struggle with the costs of providing physical therapy, special schooling and other care needed for their children. When a birth injury is caused by the negligence of a doctor or other healthcare provider, the family […]

Utah Medical Malpractice Cases: What Are The Challenges?

Medical malpractice victims are treated as second-class citizens by Utah law. As a result, only a handful of law firms still handle these cases, and even fewer are successful. The odds favor the doctors and hospitals because the Utah State Legislature has enacted special laws to protect negligent doctors at the urging of powerful medical lobbyists. The […]

Utah Medical Malpractice Cases: Why Do They Take So Long?

One of the most frustrating things for clients in medical malpractice cases is how long the process can take.  Often, being the victim of medical negligence forces people to use the civil justice system for the first time.  It can be an intimidating and frustrating process, but ultimately, it results not only in help with […]

Who Gets Sued When Your Robot Car Crashes?

That’s the question asked by Alex Brown in the National Journal.  “The auto insurers are thinking a lot about this,” he notes. I’ll bet they are.  Although robot cars are still in the distant future, people injured in car crashes today still need an attorney to help them fight against insurance companies.  Personal injury attorney […]

Landmark Utah Supreme Court Case Restores Fairness in Malpractice Cases

On Friday, the Utah Supreme Court handed down its decision in Turner v. University of Utah Hospitals.  You can read the decision here. Ms. Turner was severely hurt in a car accident, and while she was being treated for her injuries at the hospital, staff members negligently moved her, breaking her back and paralyzing her. When Ms. […]

Transvaginal Mesh Lawsuits in Utah

The Food and Drug Administration has warned that the use of transvaginal mesh exposes patients to a greater risk of complications than other methods of surgical vaginal repair. The FDA stated that in spite of the increased side effects risk, transvaginal mesh repair surgery carries no addition benefits compared to other surgeries. Transvaginal mesh is […]

Utah Wrongful Death Law

Utah is just one of four states with constitutions that specifically preclude any limitation on recovery in wrongful death suits.  The Utah State Constitution expressly states that “[t]he right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation […]