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: […]
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 […]
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
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 […]
