CV301B Elements of a medical negligence claim. To establish that (name of defendant) was at fault, (name of plaintiff) has the burden of proving two things, a breach of the standard of care, and that the breach was a cause of (name of plaintiff)’s harm. CV301C “Standard of care” defined. A [health care provider] [doctor] […]
The Utah Health Care Malpractice Act governs medical malpractice actions against health care providers. The statutes are as follows: 78B-3-401. Title 78B-3-402. Legislative findings and declarations – Purpose of act 78B-3-403. Definitions 78B-3-404. Statute of limitations – Exceptions – Application 78B-3-405. Amount of award reduced by amounts of collateral sources available to plaintiff-No reduction where […]
In 1976, with the enactment of the Utah Health Care Malpractice Act, statutes were adopted governing the handling of medical malpractice actions against health care providers within the State of Utah. Since 1976, that Act has been frequently amended, with the most significant amendments being made in 1979 and 1986. Negligence, Proximate Cause and Standard […]
Our firm and lawyers have had a significant impact on shaping health care law and professional liability law in Utah. A brief summary of some of our key appellate decisions follow: Burton v. Chen & Alta Pain Physicians, LLC, 2023, UT 14 The Utah Supreme Court upheld Respondent Superior principles which protect employers (including healthcare […]
