Section 407 – Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.
78B-3-407. Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child. (1) A malpractice action against a health care provider may not be brought on the basis of the consequences resulting from the refusal of a child’s parent or guardian to consent to the child’s health […]
Section 408 – Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result.
78B-3-408. Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result. Liability may not be imposed upon any health care provider on the basis of an alleged breach of guarantee, warranty, contract, or assurance of result to be obtained from any health care rendered unless the guarantee, warranty, contract, […]
Section 409 – Ad damnum clause prohibited in complaint.
78B-3-409. Ad damnum clause prohibited in complaint. A dollar amount may not be specified in the prayer of a complaint filed in a malpractice action against a health care provider. The complaint shall merely pray for such damages as are reasonable in the circumstances. Renumbered and Amended by Chapter 3, 2008 General Session
Section 410 – Limitation of award of noneconomic damages in malpractice actions.
78B-3-410. Limitation of award of noneconomic damages in malpractice actions. (1) In a malpractice action against a health care provider, an injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience. The amount of damages awarded for noneconomic loss may not exceed: (a) for a cause of action arising before July 1, […]
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 413 – Professional liability insurance coverage for providers — Insurance commissioner may require joint underwriting authority.
78B-3-413. Professional liability insurance coverage for providers — Insurance commissioner may require joint underwriting authority. (1) The commissioner may, after a public hearing, find that professional liability insurance coverage for health care providers is not readily available in the voluntary market in a specific part of this state, and that the public interest requires that […]
Section 414 – Periodic payment of future damages in malpractice actions.
78B-3-414. Periodic payment of future damages in malpractice actions. (1) In any malpractice action against a health care provider, as defined in Section 78B-3-403, the court shall, at the request of any party, order that future damages which equal or exceed $100,000, less amounts payable for attorney fees and other costs which are due at […]
Section 415 – Actions under Utah Governmental Immunity Act.
78B-3-415. Actions under Utah Governmental Immunity Act. The provisions of this part shall apply to malpractice actions against health care providers which are brought under the Utah Governmental Immunity Act if applicable. This part may not affect the requirements for filing notices of claims, times for commencing actions and limitations on amounts recoverable under the […]
Section 416 – Division to provide panel — Exemption — Procedures — Statute of limitations tolled — Composition of panel — Expenses — Division authorized to set license fees.
Effective 5/4/2022 78B-3-416. Division to provide panel — Exemption — Procedures — Statute of limitations tolled — Composition of panel — Expenses — Division authorized to set license fees. (1) (a) The division shall provide a hearing panel in alleged medical liability cases against health care providers as defined in Section 78B-3-403, except dentists or […]