Statute of Limitations
- 4 years with Discovery Rule. (Utah Code Ann. §78B-2-307)
- Medical malpractice – 2 years with Discovery Rule, but no more than 4 years from the date of the alleged act, omission, neglect, or occurrence. In foreign object cases, suit must be filed within one year from the date the plaintiff discovered or should have discovered the object. These limitations also apply to minors under eighteen. (Utah Code Ann. §78B-3-404)
Damages Cap
- Noneconomic damages in medical malpractice arising after July 1, 2002 are limited to $400,000, adjusted annually for inflation. (Utah Code Ann. §78B-3-410)
Statute of Limitations
- 2 years with Discovery Rule. (Utah Code Ann. §78B-2-304 – Within two years)
Damages Cap
- Noneconomic damages in medical malpractice arising after July 1, 2002 are limited to $400,000, adjusted annually for inflation. (Utah Code Ann. §78B-3-410)
- Adult Protective Services – (Utah Code Ann. §62A-3-301-321)
- Abuse, Neglect, or Exploitation of a Vulnerable Adult – Penalties (Utah Code Ann. §76-5-111.1)
The biggest predictor in determining resident care is the owner of the nursing home according to the Salt Lake Tribune. Of 91, Utah Nursing Homes studied, the article detailed how, many problems start at the top and ‘trickle down to the lax administrators and nursing directors,’
Majestic Care, the owner of several Utah Nursing Homes had repeatedly scored low during state inspections. The owner of Majestic Care was difficult to discover. Once a nursing home receives a poor inspection score, owners may change the name of the facility in order to deceive potential residents and avoid ridicule. While most nursing homes scored well in inspections regarding of compliance, about one quarter of the facilities had a ‘dismal track record loaded with medical errors, neglect and mismanagement.’
Jacob Mut Bolith, was sentenced by a Utah Judge to 15 years in jail and to pay restitution for the sex crimes he committed on nursing home residents. Bolith plead guilty to second-degree felony forciblesex abuse of an 85-year-old woman in a nursing home where he was employed.
Bolith's attorney Clayton Simms asked the Judge to sentence his client for 365 days in addition to the 389 days he has already served. He asked for leniency because Bolith is a Sudanese refugee who was displaced from his home and spent time in Ethiopia and Kenya before he came to the United States. Consequently, he said, Bolith had a difficult childhood that may have led to his behavior, despite Bolith learning English and getting his certified nursing assistant license to better his life.
About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…