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Utah Medical Malpractice Lawsuit Process – A Comprehensive Guide by a Utah Medical Malpractice Attorney
Medical Malpractice is one of the most complex, expensive, and time-consuming areas of the law. While each case is unique and requires an individualized approach, this article aims to give you a general understanding of how personal injury firms in Utah handle the Utah Medical Malpractice Lawsuit Process.
Initial Investigation and Review Phase
The first step in the investigation involves ordering medical records. This is important because juries in Utah often decide cases based on what is documented in the medical records rather than what patients recall about the treatment they were given.
The second step in the investigation phase involves a nurse or expert review of the medical records. Attorneys are not typically trained in medicine like nurses and doctors are, so having an expert review the patient’s record allows attorneys to look closely at the area of concern the patient has with their medical care as well as other areas of potential malpractice that only become apparent after a close review of the records.
The third and final step in the investigation process involves an attorney review of the relevant medical records and, in some cases, a medical expert review of the case. If there is enough information for the attorney to determine which claims of medical negligence are likely to be successful and which providers are at fault, the investigation phase is complete.
Post Investigation
After the investigation phase, if your Utah personal injury law firm believes there is a viable case, they will either reach out to the other side and attempt to settle the case or begin the litigation process by requesting a prelitigation hearing with Utah’s licensing division.
Prelitigation Hearing:
Before an injured patient can file a complaint and bring a medical malpractice lawsuit in Utah, notice must be given to the Department of Occupational and Professional Licensing (“DOPL”) with a request for a prelitigation hearing. After providing notice, DOPL schedules a prelitigation hearing, which is an informal meeting typically held over Zoom where the attorneys from each side get to present an injured patient’s case to a panel. The panel is made up of local physicians, an attorney, and a layperson (a regular person in the community with no medical training). Neither side is allowed to ask questions of the doctors or the injured patient bringing the claim. The attorneys will walk the panel through the medical records as well as their respective claims or defenses. After the hearing, the panel issues a decision indicating whether the case has “merit” or does not have merit. It is important to note that a substantial number of these hearings result in a “nonmeritorious” ruling for the plaintiff. However, regardless of the panel’s decision, after complying with this procedure, the plaintiff’s attorney can proceed to file a complaint and begin litigation.
Eaton Injury Law believes that this hearing and the following panel decision are informative. They are helpful because our Utah medical malpractice attorneys get to better understand the defenses that will be raised by defendants, directs us to medical records we may not have, and gives us the perspective of the panel hearing the facts of the case as well as the reasoning behind their decision. In some instances, we discover something in the hearing that makes us less likely to proceed to the litigation phase. In other instances, we hear something that makes us more confident in the case. Usually, however, our plan for litigation does not change after the pre-litigation hearing regardless of the decision and the next step will be to file the official complaint in the court system.
Litigation
Litigation is initiated with the filing of a complaint in state or federal court and involves fact discovery and expert discovery.
Fact discovery is the process in which additional information is acquired from all parties involved. This is primarily done through depositions, written questions, and document requests sent to individuals and entities involved in your treatment, including the defendant healthcare provider(s), current and past treating providers, family and friends, or any other witnesses who have personal knowledge about what happened.
Expert Discovery involves hiring medical professionals who review depositions and medical records and offer opinions as to which providers are at fault and why. Both sides designate experts.
Trial or Final Resolution
A case may be settled at any point if both parties are willing. In many cases, this is after the close of expert discovery and prior to trial. In cases that are not resolved with a settlement, the case is set for trial before a jury. Your attorney will prepare you for this and all other aspects of litigation that involve your participation.
Utah Medical Malpractice Attorney
Note: This brief summary of how a medical malpractice case proceeds does not include all of the details and work that goes into a medical malpractice case. For more questions or to speak with a Utah Medical Malpractice Attorney, call Eaton Injury Law at 385-333-7711 or email tyler@eatoninjurylaw.com
Attorney Tyler Eaton at Eaton Injury Law
Eaton Injury Law was founded by Tyler N. Eaton, Esq. with the mission to advocate and be an ally for those injured in Utah. Whether our clients need a car accident lawyer, slip and fall lawyer, Uber accident lawyer, or have experienced a personal injury due to the negligence of others, contact Eaton Injury Law today to schedule a Free personal injury case review.
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A L
March 23, 2026
Strong Law is a trustworthy law firm that helped me with my auto accident case! They have done a great job, and answered all my questions fast and accurately! I would highly recommend this law firm to friends, family or other professionals! Thanks so much for your service!
tami stockwell
May 15, 2025
Tyler was there every step of the way, more concerned about my needs and wants then even the Dr. thank you so much for your help in my recovery not only financial but my health and mental state
Je B
February 24, 2025
Mr Eaton was truly exceptional to work with, illuminating every step of the journey from start to finish with clarity and simplicity, empowering both myself and my daughter to secure rightful compensation for the lifelong injury I sustained in the accident, as well as going above and beyond to support my daughter's compensation. I had resigned myself to living with daily physical pain, but Mr Eaton helped us discover the ideal medical professionals to alleviate my suffering without resorting to medication, enabling me to thrive as a mother. I recommend him and trust him to your family and loved ones
Mary-Ann Shoemake
November 25, 2024
Excellent Attorney!! Professional, kind,Tyler excelled way beyond my expectations in all ways,just Wow!He stayed on top of my case diligently & had to work with a very difficult defendant.I was able to get a fair settlement for my medical expenses,it took some time,but he never gave up.I will be forever grateful for his help & will highly recommend him to everyone looking for a injury Attorney .This Young Man is a "Badass" Attorney ...and now I also consider him a Friend .Thank You from the bottom of my Heart ❤️ Tyler Eaton .May God bless You always....I will Never forget how hard you fought for me & justice to be served
Darbi Botkin
November 15, 2024
1000% recommend Eaton Injury law!! I was hesitant of pursuing anything, but Eaton Injury Law made the entire process so easy and less stressful for me. Tyler was a pleasure to work with, very patient and professional.
H.L.D.N
October 3, 2024
100% recommend Eaton Injury law! Tyler was amazing and really dove in to our case. He responded quickly and was entirely professional. Amazing service!
Ada Jefferson
September 26, 2024
I’ve had the pleasure of working with Attorney Tyler Eaton on several cases, and I couldn’t be more impressed. Having worked with many attorneys, I can confidently say Tyler is one of the best. He is highly professional, extremely responsive, and always reliable. Tyler handled each case with great skill and attention to detail, ensuring the best possible outcomes. His dedication and expertise truly set him apart. I highly recommend him!
George Gradinaru
September 25, 2024
I worked with a lot of attorneys for the last 10 years and I can say it from the bottom of my heart that Tyler one of the most professional, quick and on the spot attorney I worked with!
Cat H
September 6, 2024
Tyler is amazing, he always responds quickly to any questions I’ve had and he got me the best possible outcome on my case!
Mikaela Black
July 23, 2024
Tyler Eaton is excellent to work with—knowledgeable, thorough, and dedicated. Highly recommend!
Cesar D. Perpelea
July 23, 2024
Working with Eaton Law Group is always smooth, time efficient and productive. I certainly recommend their service for the best experience .
T K
March 14, 2024
I recently had the pleasure of being represented by Mr. Eaton in a personal injury case, and I cannot recommend him highly enough. From the outset, Mr. Eaton was not just a lawyer but a genuine advocate for my well-being. His responsiveness and communication were outstanding; he was always available to answer my questions and kept me informed every step of the way. Working with Mr. Eaton was incredibly easy and stress-free, a drastic difference from other attorneys I have worked with in the past. Most importantly, Mr. Eaton's expertise and diligence resulted in a reasonable settlement that fairly compensated me for my injuries. It was clear from the beginning that he was fully committed to getting me the best possible outcome, and he delivered on that promise. For anyone in need of a personal injury attorney who goes above and beyond, Mr. Eaton is your go-to. His professionalism, kindness, and exceptional legal acumen set him apart. I am deeply grateful for his support and the successful resolution of my case.
Andrei Hinckley
February 6, 2024
Eaton law group was professional and quick to answer all the legal questions I had concerning my case. I felt a personal connection and care that is rare in the world of personal injury law
Austin Horner
January 18, 2024
Tyler Eaton is a very knowledgeable and kind personal injury attorney. Very good at what he does! Definitely knows what he is doing
Hailey Eaton
January 7, 2024
My experience with Eaton Law Group was excellent. Tyler Eaton is an exceptional personal injury attorney. He is ethical, knowledgeable, and very well organized. Along with that, he kept me well informed and answered questions in a timely manner. I would use their expertise again and I recommend it to others.
Wyatt Watson
January 7, 2024
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January 7, 2024
I was in need of a good law firm for my assault case. Attorney Tyler Eaton took my case and supported me . I have to underline the Professionalism, Honesty, Reliability Eaton Law Group showed towards me during the whole time “ Thank you Mr Tyler Eaton “