Hasenyager & Summerill: Utah's Wrongful Death & Personal Injury Attorneys
wronful death
Utah Supreme Court Recognizes Wrongful Death Claim for Unborn Child
03/28/12
In Carranza v. United States, the parents brought wrongful death action against the United States after the death of their unborn child. Although there was no majority opinion, four members of the court held that a state statute allows an action for the wrongful death of an unborn child; the term “minor child,” as used in the statute, includes an unborn child. The case involved a claim for wrongful death following the stillbirth of the parents child. The parents alleged medical negligence and sought damages for their pain and suffering, for the wrongful death of their child, and for expenses related to the child’s death. The United States sought to exclude all evidence regarding damages due to wrongful death. Although the justices differed in their reasoning, the court held that a claim can be maintained for the death of an unborn minor child. Contact an attorney who handles wrongful death and medical malpractice claims if you need help. The complete opinion on the status of an unborn child and the ability to bring a wrongful death claim can be downloaded.
Carranza v United States
Carranza v United States
Your Health Advocate
12/31/10
Most medical malpractice occurs when the professionals drop the ball. Wrongful death or severe injuries occur because of miscommunication, misunderstanding and just plain mistakes by the healthcare providers. One step that can help reduce the likelihood you might fall victim to an error is to try and make sure you have an advocate at your side during treatment, especially while in the hospital. A spouse, close friend or relative can advocate for you while you are too medicated to do so for yourself. Ask someone to question the healthcare providers prior to any treatment. In particular, either you or your advocate should seek information such as:
If you nevertheless become an unfortunate victim of malpractice or medical mistake, don’t make the mistake of thinking that it will get better with time. There are strict time limits for wrongful death and medical malpractice claims. Get in touch with a lawyer immediately, because now you need a different kind of advocate.
- Why is the treatment/procedure/medication needed?
- What else could be causing the problem/disease/reaction?
- What other treatment is available?
- Tell providers to wash/sanitize their hands when they enter the room to prevent spread of infection. They most likely just came from seeing another patient who may have been carrying a disease that you don’t need or want.
- Before you leave, make sure you have very clear, specific written instructions in hand as well as what complications should trigger your return to the clinic/hospital and a phone number to call for any questions that might arise.
If you nevertheless become an unfortunate victim of malpractice or medical mistake, don’t make the mistake of thinking that it will get better with time. There are strict time limits for wrongful death and medical malpractice claims. Get in touch with a lawyer immediately, because now you need a different kind of advocate.