A medical malpractice claim can be brought against a doctor, a hospital, physical therapist or a clinic. In Utah, you are only permitted two years to file a claim against a medical provider. The statue of limitations is one year for a claim against a state entity like the University of Utah hospital or the Utah State Hospital.
To file a medical malpractice claim, certain rules and regulations must be followed. First, you must file a notice with the medical provider. You should check the Utah regulations to verify who needs to receive notice. Second, you arrange for a hearing date through the Utah Department of Licensing and they will in turn schedule a meeting time. During the meeting, both parties show up with representation, you with your attorney and the medical provider with his or her attorney. Both sides are given a chance to present their sides story. Following that process, typically a week or so later, you will receive a letter stating you have complied with the process and can begin your claim.
The current system is advantageous to the medical provider. The process creates “hurdles” that prevent many people from filing claims against the medical provider. You must make sure to follow all the necessary steps to ensure your case is not dismissed before it enters a court room.