One of my best clients, with a very strong case, recently told me that when she first called, she wasn’t even sure her case was worth pursuing.  In reality, she had a fantastic case.  This became apparent to her only after discussing the matter with me. 

    I review numerous potential Utah medical malpractice claims for each one I take.  Selecting the right cases is essential.  That’s why I’m more than happy to discuss potential cases with anyone for free.  I’m also not afraid to turn down cases that are just not viable.  Ultimately, pursuing a weak case results in frustration for everyone involved.  Of course it’s impossible to tell initially exactly how strong a case is prior to conducting discovery.  Sometimes things will be discovered that weaken or strengthen a particular case.  Nevertheless, careful initial screening is the key to success.  

    So what makes a great medical malpractice case?  In theory it is simple, but it becomes quite difficult in practice.  I look for:

• Strong Liability 

      This means the proposed defendants are legally responsible for your injuries.  A poor medical outcome or injury during a medical procedure, alone, is not enough to make a valid case.  In a medical malpractice claim, the health care providers involved must have “breached the standard of care.”  This is just a legalistic way of saying the doctors, nurses, or other providers failed to use reasonable care in treating you.  In general, the more unreasonable the actions are, the stronger the claim becomes.  The unreasonable care, or lack of care, must also be the cause of your injuries. 

      How do we determine what is reasonable in a medical context?  Generally, in Utah, it requires the use of an expert witness familiar with the type of medicine involved.  Occasionally, the mistake is so obvious even a lay person can tell there was medical malpractice.  In these rare cases, an expert is unnecessary. 

• Strong Damages 

      Even with a clear mistake, a medical malpractice case is still not viable unless there are significant damages.  A medical error that results in no harm or only slight temporary pain, is not enough to justify the cost and time involved in pursuing a claim. 

      How much damages are enough?  How bad does the injury need to be?  How many medical bills must be incurred?  These are all issues that must be considered.  Only an experienced medical malpractice attorney can answer these questions. 
 

• Other Factors

      By this I mean other, less defined, items that may improve the value of a case.  This can be things such as how likable the plaintiff is compared to the defendant.  Is there any comparative fault on the part of the plaintiff?  Is the proposed defendant a large corporation or a well-respected local doctor? Who are the insurance companies and defense attorneys involved? 

      THE BOTTOM LINE:
 

      Many factors come in to play in making a valid malpractice claim.  Strong liability and damages are essential as well as numerous other less defined factors.  Do not pre-judge your potential claim.  Only an attorney experienced in handling these types of cases can properly evaluate and advise you regarding a medical malpractice case in Utah.