Utah Personal Injury Lawyer Blog

Today the Salt Lake Tribune is reporting a significant increase in the number of reported medical mistakes in Utah hospitals.


Utah law requires health care providers to report so-called "sentinel events." Utah Administrative Code Rule R380-200-2 defines a "sentinel event" as "an event which has resulted in an unanticipated death or major permanent loss of function, not related to the natural course of the patient's illness or underlying condition or is an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function."

As you can see from the graph, the number of reported events has increased dramatically since 2002. As reported, the state has begun tracking a greater number of events, which likely accounts for the increase. What the report fails to discuss, however, is how many of these "sentinel events" go unreported by health care providers and medical facilities. Indeed, that is one flaw with the system--it relies on doctors and companies to self-report their mistakes. Obviously, they have an incentive to under-report their negligence.

Because our practice is focused on Utah medical malpractice cases, we hear directly from the patients, not the health care administrators. I can assure you, there are many more instances of medical negligence resulting in "death or serious physical or psychological injury" than have been reported. For instance, we recently settled a case involving the wrongful death of a gentleman who underwent a routine hernia repair operation. During the procedure, the surgeon perforated the patient's bowel, resulting in bacterial contamination and sepsis. Although the patient was in the intensive care unit, the nurses failed to monitor his temperature and fluid levels. Not surprisingly, the patient's condition deteriorated, but instead of paging the on-call doctor, the nurses left a phone message with the wrong physician. By the time doctors were able to respond, it was too late, and the patient died, leaving a widow and several adult children.

Despite the obvious errors and the resulting death, the hospital never reported it as a "sentinel event." Additionally, the surgeon who perforated the bowel talked the family out of an autopsy, claiming that "it wouldn't do any good." Although they were given many opportunities to take responsibility for the seriousness of their errors, the providers instead denied any liability, and the insurance companies hired a team of lawyers to prevent the family from discovering how their husband and father had died.

Medical malpractice is increasing, and is being defended more aggressively by insurance companies and their lawyers. As the recent report indicates, some of these cases are being reported to state officials. But nobody is taking care of the victims of these serious medical errors. As in the example listed above, negligent doctors and nurses refuse to admit their mistakes, and their insurance companies will do all they can to avoid paying for outstanding bills, lost wages, and pain and suffering. That's why the Utah medical malpractice lawyers at G. Eric Nielson & Associates are here. The insurance companies have lawyers working hard to defend substandard care; you need aggressive, experienced legal advocates on your side as well.

If you or someone you know has been the victim of medical negligence, call and discuss your rights with an attorney today: (801) 424-9088.

Labels: Medical Malpractice, Utah Personal Injury Attorneys

When you go to a hospital or doctor's office, you are putting your trust in the people who provide you with care. You expect that they have been trained as professionals; that they have special training and skills that will enable them to help you.

Unfortunately, although professionals should follow the standard of care, they can make mistakes. Everybody makes mistakes, of course, but in our society, we are required to be accountable for the mistakes we make.

One of the more common medical mistakes that is made is incorrect diagnosis of symptoms. Some doctors make medical decisions based on pamphlets provided to them by pharmaceutical salesmen rather than peer-reviewed medical literature. Other doctors will treat symptoms as a minor, common ailment while ignoring signs of critical diseases.

In a recent case we handled, a patient went to his primary care physician for over a year complaining of chest pain. Because his doctor was interested in lungs and pulmonary medicine, the doctor treated the chest pain as asthma. Unfortunately, the chest pain was not asthma, but rapidly progressing heart disease. Although none of the asthma treatments resolved the patient's symptoms, the doctor stubbornly adhered to the original diagnosis and treated it like asthma. Worse, the undetected heart disease advanced to the point where one of the patient's arteries became totally occluded. He suffered a fatal heart attack, leaving behind a loving wife and six beautiful children.

If the heart disease had been detected when the symptoms first began, minor medical treatment would have saved his life. Because the doctor missed the correct diagnosis, a loving wife lost her husband, and children lost their father. Although it was an obvious mistake, the doctor denied any wrongdoing. In this case, the doctor even refused to turn over medical records to the family, who were simply looking of answers. Rather than accept responsibility, the doctor's insurance company hired some of the most expensive lawyers in Salt Lake City to aggressively defend the negligence. Thankfully, the medical malpractice attorneys at G. Eric Nielson & Associates were able to recover a substantial settlement for the family. Although nothing can bring back their beloved husband and father, the family's financial needs can now be met.

This is just one of dozens of examples of physicians who make critical mistakes that result in tragedy. The legal system exists to help hold people--including doctors--accountable for their mistakes. The Utah medical malpractice lawyers at G. Eric Nielson & Associates will fight for your rights, and help you recover for negligence, including missed diagnosis of serious conditions such as heart disease or cancer. Call today to set up a free, confidential, and no obligation consultation with an experienced malpractice lawyer: (801) 424-9088.

Labels: hospital liability, Litigation, Medical Malpractice, Misdiagnosis

Gentamicin is a powerful antibiotic that is used to treat various bacterial infections, especially those caused by gram-negative bacteria.  It belongs to a class of antibiotics called "aminoglycosides," which have proven to be effective against certain bacteria that may be resistant to other, more conventional antibiotics.

Labels: gentamicin, Medical Malpractice, pharmaceutical error

The playwright Jean-Baptiste Poquelin, better known as Molière, said "It is not only what we do, but also what we do not do, for which we are accountable."

The law exists to ensure that those with special duties are held accountable for performance of those duties. In the case of physicians and other health care providers, this includes ensuring that they adhere to professional standards of care.

Patients are entitled to hold those professionals accountable when things they do, or things they do not do, cause harm. Often, patients believe that if they have been harmed by the result of professional negligence by a health care provider, the risk managers or insurance companies will "do the right thing" and help resolve the issues of lost wages, medical bills, and pain and suffering.

But medical malpractice cases are not like auto accidents, and insurance adjusters and defense lawyers try to settle malpractice claims for pennies on the dollar, if they are willing to settle at all. Often, these insurance companies will push the case to trial, and if you do not have skilled legal representation that has experience litigating complex medical malpractice cases, you risk losing your case as well as your health.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates have a history of holding negligent health care providers accountable for their mistakes. Medical malpractice law is all we do. Call and speak to a Utah medical malpractice attorney directly at (801) 424-9088.