Medical Malpractice

Medical+Malpractice

Medical malpractice is an unfortunate reality, and at Bearnson & Caldwell we know that the effects of medical malpractice can be devastating. In the United States, doctors, dentists, physicians, nurses, etc. (i.e. what the law refers to as “health care providers”) are required to use at the very least the same degree of learning, care, and skill as would be used by similarly situated qualified health care providers in the same field of medicine. If a health care provider fails to follow his or her standard of care, and injures you as a result, then he or she has committed professional negligence, commonly referred to as “medical malpractice.”

When medical malpractice occurs, the doctor, physician, or nurse is commonly not the only one responsible. While such care providers go though extensive education and training, the organizations for which they work, such as hospitals, rehabilitation centers, therapy clinics, etc., are held to the very same standard.  Under the law, these medical organizations are in most instances also considered a “health care provider,” and are liable not just for their employee’s negligence, but for their own negligence as well.  In addition to the physician and the hospital or clinic, supporting staff such as nurses and physician’s assistants may potentially be held liable.

Medical malpractice can take many forms, including:

  • Birth injuries
  • Emergency room errors
  • Failure to refer to specialist
  • Failure to obtain informed consent
  • Failure to warn regarding risks or future injury
  • Surgical errors
  • Wrongful death
  • Failed, delayed, or misdiagnosis
  • Failure to provide appropriate care
  • Medication and prescription errors
  • Anesthesia errors

If you or someone you know has been injured as a result of medical negligence, the law requires compensation of medical expenses; reimbursement for lost time and wages from work; payment equivalent to any pain and suffering; compensation for any loss of quality of life, association, or enjoyment; and in some instances, punitive damages. The attorneys at Bearnson & Caldwell have the medical knowledge and trial experience to fight large medical providers and maximize your recovery.  To obtain your maximum recovery, Bearnson & Caldwell also teams with numerous medical experts who are able to provide the clinical perspective necessary to prove that your injuries were caused by malpractice.

Bearnson & Caldwell is one of the few law firms in Northern Utah and Southern Idaho that focuses on handling serious personal injury and wrongful death claims resulting from medical malpractice. We are also available to assist in medical malpractice claims in the states of Arizona and Wyoming, and have handled many of these claims to recover millions of dollars in settlements for our clients.

As in other areas of the law, there is a limited window of time during which medical malpractice claims may be pursued. The statute of limitations for these kinds of claims in particular are relatively short, and if too much time has passed since you were injured and no action has been taken, you may be banned from obtaining any recovery.  If you or someone you know has been injured by malpractice, we encourage you to act as soon as possible.