Legal Question in Medical Malpractice in Utah
Contracting Hepatitis - B
My daughter is chronically ill since birth. She has had multiple surgery's and spent alot of time in the hospital. She is also Hepatitis - B positive. I am negative and have been tested several times. I also have two younger children who are negative. Who is possibly responsible and is it worth proceding?
1 Answer from Attorneys
Re: Contracting Hepatitis - B
You must file a claim within two years of discovery of the "malpractice." You will have to be able to identify that it was more likely than not that she obtained the disease from a particular hospital. The most obvious risk was from contaminated needles or blood, but there should be some evidence. IF, and that is a big "IF" we can prove that the child became ill more likely than not from a particular facility at a certain time then you should be entitled to an award of damages. Under Utah law you would be entitled to (1) actual damages, meaning lost wages, medical expenses, etc arising from the disease and (2) up to $250,000 in noneconomic losses to compensate for pain, suffering, and inconvenience.
This is a case which we should discuss in detail. Please call me for a no charge consultation. Al Lundgren (801) 876-4422
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