Section 417 – Proceedings — Authority of panel — Rights of parties to proceedings.
78B-3-417. Proceedings — Authority of panel — Rights of parties to proceedings. (1) No record of the proceedings is required and all evidence, documents, and exhibits are returned to the parties or witnesses who provided the evidence, documents, and exhibits at the end of the proceedings upon the request of the parties or witnesses who […]
Section 418 – Decision and recommendations of panel — No judicial or other review.
Effective 5/4/2022 78B-3-418. Decision and recommendations of panel — No judicial or other review. (1) (a) The panel shall issue an opinion and the division shall issue a certificate of compliance with the pre-litigation hearing requirements of this part in accordance with this section. (b) A certificate of compliance issued in accordance with this section […]
Section 419 – Evidence of proceedings not admissible in subsequent action — Panelist may not be compelled to testify — Immunity of panelist from civil liability — Information regarding professional conduct.
78B-3-419. Evidence of proceedings not admissible in subsequent action — Panelist may not be compelled to testify — Immunity of panelist from civil liability — Information regarding professional conduct. (1) Evidence of the proceedings conducted by the medical review panel and its results, opinions, findings, and determinations are not admissible as evidence in any civil […]
Section 420 – Proceedings considered a binding arbitration hearing upon written agreement of parties — Compensation to members of panel.
Effective 5/4/2022 78B-3-420. Proceedings considered a binding arbitration hearing upon written agreement of parties — Compensation to members of panel. Upon written agreement by all parties, the proceeding may be considered a binding arbitration hearing and proceed under Title 78B, Chapter 11, Utah Uniform Arbitration Act, except for the selection of the panel, which is […]
Section 421 – Arbitration agreements.
Affected by 63I-1-278 on 7/1/2029 Effective 5/13/2014 78B-3-421. Arbitration agreements. (1) After May 2, 1999, for a binding arbitration agreement between a patient and a health care provider to be validly executed or, if the requirements of this Subsection (1) have not been previously met on at least one occasion, renewed: (a) the patient shall […]
Section 422 – Evidence of disclosures — Civil proceedings — Unanticipated outcomes — Medical care.
78B-3-422. Evidence of disclosures — Civil proceedings — Unanticipated outcomes — Medical care. (1) As used in this section: (a) “Defendant” means the defendant in a malpractice action against a health care provider. (b) “Health care provider” includes an agent of a health care provider. (c) “Patient” includes any person associated with the patient. (2) […]
Section 423 – Affidavit of merit.
Effective 5/4/2022 78B-3-423. Affidavit of merit. (1) (a) For a cause of action that arises on or after July 1, 2010, before a claimant may receive a certificate of compliance under Sections 78B-3-416 and 78B-3-418, a claimant shall file an affidavit of merit under this section. (b) The claimant shall file an affidavit of merit: […]
Section 424 – Limitation of liability for ostensible agent.
78B-3-424. Limitation of liability for ostensible agent. (1) For purposes of this section: (a) “Agent” means a person who is an “employee,” “worker,” or “operative,” as defined in Section 34A-2-104, of a health care provider. (b) “Ostensible agent” means a person: (i) who is not an agent of the health care provider; and (ii) who […]
Section 425 – Prohibition on cause of action for negligent credentialing.
78B-3-425. Prohibition on cause of action for negligent credentialing. It is the policy of this state that the question of negligent credentialing, as applied to health care providers in malpractice suits, is not recognized as a cause of action. Enacted by Chapter 430, 2011 General Session
Section 426 – Nonpatient plaintiffs.
Effective 5/8/2018 78B-3-426. Nonpatient plaintiffs. (1) For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Subsection 78B-3-403(23). (2) This section does not apply to a health care malpractice action brought or seeking recovery under Section 30-2-11, 78B-3-106, 78B-3-107, or 78B-3-502. (3) To establish a malpractice action against a […]