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 […]
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 […]
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 […]
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. […]
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 […]
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, […]
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
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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) […]
