Utah Personal Injury Lawyer Blog

Medical malpractice law falls into the general legal category of personal injury law. Personal injury law is also called "tort" law.

The laws governing torts and medical malpractice allow injured patients to recover monetary damages for a medical professional's recklessness, carelessness, negligence, or intentional poor decision.

All tort cases, including medical malpractice lawsuits, must prove these four elements:

1. Duty - A medical provider must have had a professional duty to provide care to the patient who suffered the injury. When a patient seeks out a doctor for care, that duty exists.
2. Breach of Duty - The medical provider must have failed to fulfill his/her duty to the patient by not exercising an appropriate standard of care and skill.
3. Damage - The patient must have suffered an injury while the medical provider was treating him or her.
4. Cause - The injury must have been caused by the medical provider's breach of duty.

Only when all four of these medical malpractice elements have taken place does a case exist.

If you would like to discuss the specifics of a medical malpractice claim, the Salt Lake City, Utah medical malpractice lawyers at G. Eric Nielson & Associates, LLC can help answer your legal questions at 866-605-4556.