Hasenyager & Summerill: Utah's Wrongful Death & Personal Injury Attorneys
Doctors Profit from Their Own Medical Malpractice
04/25/13
A Recent Study Shows That Hospitals Make Money Off Their Own Medical Malpractice In Utah
A new study from the Journal of the American Medical Association suggests that hospitals could actually profit from their own negligence, lowering the incentive to implement procedures to reduce accidents and surgical complications. Simple things can often prevent medical malpractice, and a subsequent lawsuit for injury or death, like checklists reminding doctors to make sure they're about to operate on the right part of the body or give the right antibiotic, can have dramatic results. Other times, incompetence or a genuine mistake during surgery or diagnosis can lead to complications. However, the medical error, mistake or misdiagnosis means that a lawsuit may ensue for medical malpractice. Of course, the hospital or doctor may also profit from the complications because treating those complications costs money. The upside then, to filing suit for medical malpractice with a good lawyer in Utah removes the incentive to make money off the mistakes. Physicians, surgeons and hospitals following best practices and safety rules are less likely to harm patients or cause death and, therefore, less likely to harm the patient.
If you or a family member has been harmed, contact one of our experienced medical malpractice lawyers in Utah to help you with your case. It gives the hospital a reason to avoid making the same preventable error on another patient.
A new study from the Journal of the American Medical Association suggests that hospitals could actually profit from their own negligence, lowering the incentive to implement procedures to reduce accidents and surgical complications. Simple things can often prevent medical malpractice, and a subsequent lawsuit for injury or death, like checklists reminding doctors to make sure they're about to operate on the right part of the body or give the right antibiotic, can have dramatic results. Other times, incompetence or a genuine mistake during surgery or diagnosis can lead to complications. However, the medical error, mistake or misdiagnosis means that a lawsuit may ensue for medical malpractice. Of course, the hospital or doctor may also profit from the complications because treating those complications costs money. The upside then, to filing suit for medical malpractice with a good lawyer in Utah removes the incentive to make money off the mistakes. Physicians, surgeons and hospitals following best practices and safety rules are less likely to harm patients or cause death and, therefore, less likely to harm the patient.
If you or a family member has been harmed, contact one of our experienced medical malpractice lawyers in Utah to help you with your case. It gives the hospital a reason to avoid making the same preventable error on another patient.
Brigham City Worker Killed in Roof Collapse
04/11/13
Wrongful Death Claim for Worker Killed in Brigham City Roof Collapse?
A worker died recently when the roof of a vacant K-Mart building collapsed in Brigham City. Worker’s compensation often provides benefits for unfortunate tragedies. However, the family and heirs would be well-advised to seek assistance of an experienced wrongful death lawyer in Utah. There may be other oversights and negligence which led to the unfortunate and possibly preventable death of an individual. Under Utah law, wrongful death suits have special protection and employers as well as other individuals including sub-contractors, designers, architects and engineers can be held accountable for the unnecessary loss of life.
Utah Lawyer Peter Summerill Recognized as Utah Legal Elite
03/19/13
Utah Business Magazine Awards “Legal Elite” Status to Personal Injury and Wrongful Death Lawyer Peter Summerill
Utah Business Magazine recently recognized firm partner Peter Summerill as one of Utah’s “Legal Elite” in the area of personal injury law. Mr. Summerill has represented many individuals over the years for a wide variety of injury and wrongful death claims in Utah. Mr. Summerill believes that if someone is hurt or killed as a result of negligence or careless conduct, the wrongdoer should be held held accountable and the victim and their family should be compensated. Mr. Summerill makes it his job to hold the insurance companies to their promises and to make sure that the army of lawyers they hire cannot work to avoid just compensation for injury and wrongful death victims.
Civil Rights & Wrongful Death Law
12/15/12
Utah District Court Ruling - Civil Rights - “Danger Creation” Theory & Wrongful Death
In Thayer v. Washington County School District, the district court held that defendant Officer Richan was entitled to a summary judgment dismissing the allegations against him brought pursuant to 42 U.S.C. § 1983 (civil action for deprivation of any rights, privileges, or immunities secured by the Constitution and laws). The case involved the wrongful death of a high school student who shot himself in the temple with a blank from a .38 caliber revolver at Desert Hills High School in St. George, Utah. The gun had been brought onto campus to be used as a prop in the play “Oklahoma.” Officer Stacy Richan, a police officer with the St. George Police Department, who was on assignment to the high school as its special resource officer, had been asked what the rules would be to bring the gun on campus to be used in the play.
The plaintiffs’ case against Officer Richan was based on a “danger creation” theory, whose key lied in the “state actors’ culpable knowledge and conduct in affirmatively placing an individual in a position of danger, effectively stripping a person of her ability to defend herself, or cutting off potential sources of private aid.” Under the theory, the court ruled that “the danger creation theory permits liability against a state actor only when there is either actual wrongful intent or recklessness that is sufficiently egregious to shock the conscience.”
In analyzing the six-part test, the court ruled that the risk was not “substantial” and the harm was not “immediate” because the harm did not occur on the same day that Officer Richan allowed the gun to be brought on campus by a student rather than by an adult where Officer Richan believed his rules would be followed by another adult, the school’s drama coach. The court also ruled that the risk was not known or obvious, that Officer Richan did not act recklessly in conscious disregard of the risk, and that Officer Richan’s actions did not “shock the conscience.”
Experienced Utah wrongful death lawyers must be consulted in any case involving allegations that government agencies, employees or officials caused or contributed to the death. In addition to statutory claims under 42 U.S.C. § 1983, there may be claims under the Utah Constitution as well as claims under Utah’s governmental immunity act.
Wrongful Death or Personal Injury Due to Propane or Gas in Utah
11/24/12
Utah Wrongful Death or Injury Due to Propane or Natural Gas
As the weather cools down in Utah, many people turn up their heaters and some use portable propane heaters to keep the chill at bay. However, carbon monoxide gas, an odorless byproduct of furnaces, water heaters and propane space heaters can cause death or serious brain injury. Lots of propane space heaters have been made over the years, and they are either handed down, sold at garage sales or found up in the attic and put to use. Heater as old as 1963 may still be in service, and not too long ago the Consumer Products Safety Commission issued a recall on one of these old heaters because it had a faulty burner, leaking poisonous carbon monoxides and causing the death of several people.
Carbon monoxide can be generated by both natural gas and propane fueled furnaces, water heaters and space heaters and can bring about death or serious brain injury if there is not proper ventilation or the unit is malfunctioning or defective. A negligently installed unit may not be properly ventilated, or properly tuned and calibrated, leading to the accumulation of CO and death. Because many furnaces and heaters have not been run all summer, and because CO is odorless, serious injuries and wrongful death can follow since furnace or heater has not been properly adjusted, filters have not been change or etc. Warning symptoms of carbon monoxide poisoning include: dizziness, light headed, nauseated and can sometimes even feel like you are just ill or coming down with a mild flu. Seek prompt medical attention especially if these symptoms accompany recent start up of furnaces, water heaters, or portable propane heaters and or gas powered generators. Also seek professional to inspect your equipment and make sure that everything is functioning properly and install CO detectors to avoid personal injury or wrongful death. If you have been harmed, injured or lost a loved one due to wrongful death, seek a Utah wrongful death or personal injury lawyer in Utah who can help. Wrongful death and personal injury due to propane or natural gas in Utah is often due to negligence or products liability and the law provides a right of action to seek compensation for the losses.
Hotel Liability - Wrongful Death
11/02/12
Can A Hotel or Motel Be Held Liable Under Utah Law for Wrongful Death or Personal Injury?
Hotels and motels can be held liable under Utah law for a variety of injuries as well as wrongful death. Utah lawyers regularly represent claims against hotel owners for everything from slip and fall to wrongful death to assault and battery. Premises liability, security issues and general maintenance can all form the basis for such claims. Additionally, because hotels and motels are a ‘take all comers’ operation, pre-injury releases do not apply and it may be the case that the hotel or motel is subject to even greater duties of care than the general public. Recently, an out of state Marriott Hotel has been named in a wrongful death lawsuit, claiming a guest dining at the hotel in July inhaled "dangerous aerosolized water vapor contaminated with Legionella bacteria" and died a month later. The bacteria was found in a fountain in the main lobby. The suit accuses the hotel of negligence and failing to maintain "appropriate control measures." This is just one example lawsuits against hotels and motels. As always, it is imperative to contact a good Utah injury or wrongful death lawyer as soon as possible to preserve any claim or right to bring a lawsuit.