In Utah, federal laws make all medical doctors liable for unsubstantial health care. The doctors must provide a high standard of care regardless of personal opinions, prejudices, or the patient’s inability to pay. A failure to provide an adequate duty to their patient makes the doctor liable for any injuries that were produced. Certain factors may apply to the case that must be reviewed initially.
Risks of the Procedure
All doctors are required by law to disclose all risks associated with all surgical procedures. If they omit any risks, the doctor could face liabilities due to a failure to provide the patient all information. Any risk that emerges during the procedure and wasn’t disclosed to the patient or their family presents an immediate liability.
The Training Completed by the Doctor
The doctor cannot perform a surgical procedure without adequate training. If the doctor didn’t have the training needed to perform the procedure, he or she is liable for errors or injuries. If the hospital was classified as a teaching hospital, an attending surgeon must be present to mitigate these risks. If the attending surgeon didn’t take action, they are liable for malpractice.
Reviewing Hospital Protocol
Hospital staff must follow proper protocol for all surgical procedures. This begins with the sanitation process. Each surgery presents the surgeon with a series of steps they must follow. Any deviation of the steps without just cause could produce an avoidable injury. Additionally, the surgical staff must follow protocol at the end of the procedure to avoid liabilities associated with surgical instruments and supplies. A deviation from the protocol could prove that the surgeon was liable for the patient’s injuries.
Deposition of A Medical Witness
A medical witness is secured to evaluate the procedure and the patient’s injuries. The witness provides testimony that explains how the injuries were produced. The witness must possess the same credentials as the defendant.
In Utah, federal laws protect all patients against the unethical action of doctors and surgeons. The law provides the patients with a legal avenue for filing a claim when they sustain injuries. They have the legal right to sue a doctor that produced an avoidable medical error. Victims who need to start a medical malpractice claim contact a Utah Law Firm today.