Section 411 – Limitation on attorney’s contingency fee in malpractice action.
78B-3-411. Limitation on attorney’s contingency fee in malpractice action. (1) In any malpractice action against a health care provider as defined in Section 78B-3-403, an attorney may not collect a contingent fee for representing a client seeking damages in connection with or arising out of personal injury or wrongful death caused by the negligence of […]
Section 412 – Notice of intent to commence action.
Effective 5/4/2022 78B-3-412. Notice of intent to commence action. (1) A malpractice action against a health care provider may not be initiated unless and until the plaintiff: (a) gives the prospective defendant or his executor or successor, at least 90 days’ prior notice of intent to commence an action; and (b) except for an action […]
Section 308 – Change of venue — Conditions precedent.
78B-3-308. Change of venue — Conditions precedent. If the county in which the action is commenced is not the proper county for the trial, the action may nevertheless be tried in the county in which it is filed, unless the defendant, at the time the answer is filed or an appearance is made, files a […]
Section 309 – Grounds.
78B-3-309. Grounds. The court may, on motion, change the place of trial in the following cases: (1) when the county designated in the complaint is not the proper county; (2) when there is reason to believe that an impartial trial cannot be had in the county, city, or precinct designated in the complaint; (3) when […]
Section 310 – Court to which transfer is to be made.
78B-3-310. Court to which transfer is to be made. An action or proceeding which is transferred by order of the court shall be transferred to a court agreed upon by the parties. If the parties do not agree, the action shall be transferred to the nearest court where the objection or reason for transfer does […]
Section 311 – Duty of clerk — Fees and costs — Effect on jurisdiction.
78B-3-311. Duty of clerk — Fees and costs — Effect on jurisdiction. (1) When an order is made transferring an action or proceeding for trial, the court shall transmit all pleadings and papers regarding the transferred action to the court to which it is transferred. (2) All costs and fees for the transfer and filing […]
Section 402 – Legislative findings and declarations — Purpose of act.
78B-3-402. Legislative findings and declarations — Purpose of act. (1) The Legislature finds and declares that the number of suits and claims for damages and the amount of judgments and settlements arising from health care has increased greatly in recent years. Because of these increases the insurance industry has substantially increased the cost of medical […]
Section 404 – Statute of limitations — Exceptions — Application.
78B-3-404. Statute of limitations — Exceptions — Application. (1) A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the […]
Section 405 – Amount of award reduced by amounts of collateral sources available to plaintiff — No reduction where subrogation right exists — Collateral sources defined — Procedure to preserve subrogation rights — Evidence admissible — Exceptions.
78B-3-405. Amount of award reduced by amounts of collateral sources available to plaintiff — No reduction where subrogation right exists — Collateral sources defined — Procedure to preserve subrogation rights — Evidence admissible — Exceptions. (1) In all malpractice actions against health care providers as defined in Section 78B-3-403 in which damages are awarded to […]
Section 406 – Failure to obtain informed consent — Proof required of patient — Defenses — Consent to health care.
Effective 9/1/2021 78B-3-406. Failure to obtain informed consent — Proof required of patient — Defenses — Consent to health care. (1) (a) When a person submits to health care rendered by a health care provider, it is presumed that actions taken by the health care provider are either expressly or impliedly authorized to be done. […]