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Date: 04-19-2024
Case Style:
Case Number: 2:22-cv-00726
Judge: David Barlow
Court: United States District Court for the District of Utah (Salt Lake County)
Plaintiff's Attorney: Terence Rooney and J. Adam Sorenson
Defendant's Attorney: Karmen Schmid, Kevin Erik Geyer, Michael J. Miller, Dustin Matthew Johnson
Description: Salt Lake City, Utah personal injury lawyers represented the Plaintiff who sued on a medical malpractice theory claiming $10 million in damages.
Utah Code section 78B-3-412 mandates that the patient provides each health care provider with 90 days' notice of the intent to file a lawsuit before an injured patient is able to file a medical malpractice suit. This notice is required to include certain details established in the statute.
The Utah courts have held that in order for a patient to recover in a malpractice action against a health care provider, it must be shown that the medical practitioner was negligent and that the negligence was a proximate cause of the injury to the patient.
Outcome: 04/12/2024 39 NOTICE FROM THE COURT. On April 5, 2024, the parties filed their 38 Stipulated Motion to Dismiss with Prejudice. Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the stipulated dismissal with prejudice is self-effectuating. The case has been dismissed with prejudice per the terms of the stipulated dismissal with no fees, costs, or expenses awarded as to any party. No order will follow. (jdl) (Entered: 04/12/2024)
04/12/2024 Civil Case Terminated as per 30 Notice from the court. Magistrate Judge Daphne A. Oberg no longer assigned to case. (kpf) (Entered: 04/12/2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: