When you walk into a hospital or doctor’s office in Utah, you trust that healthcare professionals will provide the treatment you need. But what happens when a doctor correctly diagnoses your condition—then fails to provide proper treatment? This devastating scenario is called “failure to treat”—a serious form of medical malpractice in Utah. At AVS Law Group, Salt Lake City’s premier medical malpractice lawyers, we’ve witnessed how these failures devastate families, and we’re committed to holding negligent healthcare providers accountable through expert legal representation.
What Is “Failure to Treat” in Medical Malpractice Cases?
“Failure to treat” occurs when a healthcare provider correctly identifies a patient’s condition but then fails to provide appropriate, timely treatment. Unlike misdiagnosis cases where the doctor gets the diagnosis wrong, here the doctor knows what’s wrong but doesn’t take proper action. This type of medical malpractice can have catastrophic consequences.
According to research from Johns Hopkins Medicine published in The BMJ, medical negligence causes an estimated 250,000 deaths annually in the United States—making it the third-leading cause of death nationwide. “Failure to treat” cases contributes significantly to this sobering statistic.
Common Examples We See in Utah
Early Hospital Discharge
Patients being sent home too soon is one of the most frequent problems we encounter. This often happens when hospitals are overbooked or understaffed, affecting two particularly vulnerable groups:
Newborns: The American Academy of Pediatrics recommends keeping all newborns hospitalized for at least 48 hours after delivery. Many conditions don’t show symptoms immediately, and early discharge can mean missing critical warning signs.
In 2025, Utah saw its largest verdict ever—$951 million—awarded to a family whose daughter suffered permanent brain damage during a mishandled birth at Jordan Valley Medical Center in West Valley City. The case involved nurses fresh out of training administering excessive Pitocin while the on-call physician slept nearby, demonstrating how catastrophic these failures can be.
Post-Surgical Patients: After surgery, close monitoring is essential for catching complications like infections, blood clots, or device malfunctions before they become life-threatening.
Critical Condition Monitoring Failures
When someone arrives at the hospital with a heart attack or stroke, the first 3 to 4 hours are crucial. Proper treatment during this “golden window” can completely reverse damage. But when medical staff fail to monitor vital signs or delay implementing treatment, patients can suffer permanent disabilities or death.
Inadequate Discharge Instructions
Even when the discharge timing is appropriate, failing to provide clear instructions creates serious risks. If hospital staff don’t properly explain medication schedules, wound care procedures, warning signs to watch for, or follow-up appointments, patients often end up back in the emergency room, sometimes with conditions that have worsened dangerously.
Overlooked Test Results
Oftentimes, catastrophic failures happen simply because test results get lost in the shuffle. Lab work showing cancer, heart disease, or other serious conditions might sit unreviewed for weeks or months. Even when reviewed, providers sometimes fail to act promptly, allowing treatable conditions to progress beyond the point where intervention can help.
What You Must Prove Under Utah Law
Under Utah Code Section 78B-3-401, proving medical malpractice requires establishing four essential elements:
- Doctor-Patient Relationship: You must demonstrate that a formal healthcare relationship exists through medical records, appointments, or hospital admission documentation.
- Breach of Standard of Care: You need to prove the provider’s treatment fell below what a reasonable medical professional would have provided under similar circumstances. This almost always requires expert testimony from qualified physicians.
- Causation: You must show the provider’s failure directly caused your injuries—not that your condition would have worsened anyway due to other factors. Insurance companies fight hard on this point.
- Damages: You must demonstrate actual harm, including medical expenses, lost wages, pain and suffering, disability, or, in the worst cases, wrongful death.
Utah’s Restrictive Medical Malpractice Laws
Utah has some of the nation’s most physician-friendly laws, making these cases significantly more challenging than typical personal injury claims. Understanding these restrictions is why experienced legal representation is crucial.
Tight Deadlines
Utah law states that you have just two years from discovering your injury to file a lawsuit—shorter than the four-year limit for most other injury cases. There’s also a four-year “statute of repose” that absolutely bars claims filed more than four years after the error occurred, regardless of when you discovered the problem.
These deadlines move quickly when you’re focused on recovery, which is why contacting an attorney immediately is essential.
Required Pre-Litigation Steps
Before filing your lawsuit, Utah law requires:
- 90-day advance notice to each healthcare provider with specific details about the alleged negligence
- Pre-litigation panel review filing within 60 days with Utah’s Division of Occupational and Professional Licensing
While the panel’s findings are non-binding and confidential, these requirements add months of delay and complexity to an already difficult process.
Damage Caps and Recent Changes
Utah caps non-economic damages (pain, suffering, emotional distress) at $450,000. This cap, set in 2010 and never adjusted for inflation, would be worth over $1.1 million today. However, it doesn’t apply to economic damages, wrongful death cases, or punitive damages.
In March 2025, the Utah Legislature passed House Bill 503, making cases even harder for injured patients by requiring plaintiffs to pay defendants’ attorney fees if claims are deemed “meritless” and strengthening protections for physicians’ personal assets.
Meet AVS Law Group’s Medical Malpractice Team
Experienced Attorneys Who Know Utah Healthcare
Our attorneys have decades of combined experience representing Utah families harmed by medical negligence. We’re admitted to practice before all Utah state courts and have successfully litigated hundreds of cases throughout Salt Lake County, Utah County, Weber County, and Davis County.
Our Proven Results:
- $1.8 million recovered in medical malpractice settlements
- $2.7 million secured in wrongful death claims
- Hundreds of six-figure settlements throughout the state
- Successfully held major hospital systems accountable, including University of Utah Health and Intermountain Healthcare
Why Families Choose AVS Law Group
Deep Local Knowledge
Based in Salt Lake City, we serve clients throughout the Wasatch Front and beyond, including West Valley City, Sandy, Provo, Ogden, Orem, West Jordan, Taylorsville, South Jordan, and Lehi. We understand Utah’s medical community, court procedures, and the defense tactics used by hospital insurance companies.
Our Comprehensive Approach
Thorough Investigations: We obtain and analyze all medical records, consult with specialists across every relevant field, interview witnesses, and investigate hospital staffing patterns and internal policies.
Expert Witness Networks: We work with board-certified physicians and surgeons who can clearly explain to juries how the defendant’s care fell below accepted standards.
Full Damage Assessment: Working with economists, life care planners, and vocational experts, we document not just your current losses but the lifetime impact of your injuries.
Aggressive Advocacy: We navigate Utah’s complex pre-litigation requirements efficiently while building the strongest possible case. We’re always prepared to take cases to trial when necessary.
No Upfront Costs
Medical malpractice litigation is expensive, requiring substantial investment in expert witnesses, medical record analysis, depositions, and more. We handle all these costs upfront and only collect our fee if we win your case.
What Our Clients Say
“AVS Law Group took my case despite challenging circumstances. They let me focus on healing while handling all the legal work. They patiently explained every step as the case progressed. I trusted they had my best interest at heart, and they made my health their priority.” – Former Client.
Types of Cases We Handle
As comprehensive medical negligence attorneys, we represent clients in all types of malpractice claims:
- Failure to treat and delayed treatment
- Birth injuries (cerebral palsy, Erb’s palsy, oxygen deprivation)
- Surgical errors (wrong-site surgery, retained instruments)
- Cancer misdiagnosis and delayed diagnosis
- Medication and pharmacy errors
- Anesthesia complications
- Hospital-acquired infections
- Emergency room negligence
- Nursing home abuse and neglect
- Wrongful death due to medical errors
Frequently Asked Questions
How quickly should I contact a lawyer after discovering medical negligence?
Immediately. Utah’s two-year deadline starts when you discover the injury, and the required 90-day notice period eats into that time quickly. Early consultation also helps preserve critical evidence.
What if my loved one died due to medical negligence?
Utah allows wrongful death claims, and the damage cap on non-economic losses doesn’t apply. Family members can seek compensation for medical expenses, funeral costs, lost financial support, and loss of companionship.
Can I afford a medical malpractice attorney?
Yes. We work on contingency, meaning you pay nothing unless we recover compensation. We advance all case expenses, including expert fees, medical record costs, and court filing fees.
Do consent forms prevent malpractice lawsuits?
No. Consent forms acknowledge known risks of procedures—they don’t give providers permission to deliver negligent care or fail to treat your condition properly.
Which Utah hospitals have faced malpractice claims?
Major systems, including Intermountain Healthcare, University of Utah Health, and former Steward Health Care facilities, have all faced claims. We have experience with cases involving every major hospital in the state.
How much compensation can I receive?
It depends on your specific circumstances—injury severity, medical expenses, lost income, future care needs, and the degree of negligence involved. We offer free case evaluations to discuss your situation.
Take Action Now
If medical negligence harmed you or someone you love, don’t wait. Utah’s strict deadlines mean delays can cost you the right to compensation forever.
AVS Law Group has the experience, resources, and dedication to fight for Utah families. We’ve recovered millions for clients and consistently hold healthcare providers accountable when they fail to meet their duty of care.
Call or Book a Free Consultation Today
Phone: (801)-876-7771
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This blog post is for informational purposes only and does not constitute legal advice. Each case is unique. Contact AVS Law Group for a free consultation about your specific situation. Past results don’t guarantee future outcomes.
