Section 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 health care provider, a nonpatient plaintiff shall be required to show that:
  • (a) the health care provider owes a duty to the nonpatient plaintiff;
  • (b) the nonpatient plaintiff suffered a foreseeable injury;
  • (c) the nonpatient plaintiff’s injury was proximately caused by an act or omission of the health care provider; and
  • (d) the health care provider’s act or omission was conduct that manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.

Amended by Chapter 440, 2018 General Session