Medical Malpractice Statute of Limitations

WEBVTT 00:00:06.829 --> 00:00:08.842 In Utah, medical malpractice cases 00:00:08.843 --> 00:00:10.900 have to be brought within a certain time period. 00:00:11.929 --> 00:00:15.614 That makes it difficult because the time period is different, 00:00:15.615 --> 00:00:17.714 depending on who made the medical error. 00:00:18.214 --> 00:00:23.000 If it is a person who's employed by the University of Utah, 00:00:23.001 --> 00:00:25.929 which might work at the VA, they might work at IMC, 00:00:25.930 --> 00:00:27.743 it's hard to know where they're working. 00:00:27.744 --> 00:00:29.971 But if they're employed by the University of Utah 00:00:29.972 --> 00:00:32.520 and working within that realm, 00:00:32.521 --> 00:00:35.371 meaning the University of Utah has a contract to send them there, 00:00:35.800 --> 00:00:40.886 then the statute to notify them of a claim is one year. 00:00:41.614 --> 00:00:44.485 If they don't work with the University of Utah, 00:00:44.486 --> 00:00:45.643 you have two years. 00:00:47.357 --> 00:00:48.770 Sometimes in medicine, 00:00:48.771 --> 00:00:50.986 you don't know that there's been an error for time. 00:00:50.987 --> 00:00:54.529 You might get a scan, and they tell you it's normal. 00:00:55.086 --> 00:00:57.071 Four years later, you find out it was cancer. 00:00:57.072 --> 00:01:00.157 There was cancer on that scan, and no one told you. 00:01:00.843 --> 00:01:02.314 The two years is up. 00:01:02.529 --> 00:01:05.771 In Utah, you can extend that two years a few years, 00:01:06.100 --> 00:01:07.514 but no more than four. 00:01:08.243 --> 00:01:10.986 If the negligent happened four years ago or more, 00:01:10.987 --> 00:01:13.829 with very, very few exceptions, you have no case. 00:01:14.300 --> 00:01:15.643 The laws aren't fair, 00:01:15.644 --> 00:01:19.086 but that's another thing people have trouble understanding 00:01:19.087 --> 00:01:21.970 is when we can take a case and not take a case 00:01:21.971 --> 00:01:22.929 based on when they come in. 00:01:22.930 --> 00:01:25.429 That's why it's important to contact a lawyer early 00:01:26.454 --> 00:01:28.573 and make sure that you don't miss your chance 00:01:28.574 --> 00:01:31.029 to at least investigate the case and get answers. 00:01:31.030 --> 00:01:34.315 I get a lot of sad cases that seem like they're clearly a case, 00:01:34.614 --> 00:01:37.371 but they waited so long because they've been grieving 00:01:37.372 --> 00:01:40.100 or didn't understand what happened. 00:01:40.471 --> 00:01:42.961 It's been over four years, or it's been past two, 00:01:42.962 --> 00:01:46.486 and it's going to be tricky to prove that they can bring a case.