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. […]