Overview of Utah Medical Malpractice Statutes

Providing Clients with Quality Legal Services

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 subrogation right exists – Collateral sources defined – Procedure to preserve subrogation rights – Evidence admissible – Exceptions
  • 78B-3-406. Failure to obtain informed consent – Proof required of patient-Defenses-Consent to health care
  • 78B-3-407. Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child
  • 78B-3-408. Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result
  • 78B-3-409. Ad damnum clause prohibited in complaint
  • 78B-3-410. Limitation of award of noneconomic damages in malpractice actions
  • 78B-3-411. Limitation on attorney’s contingency fee in malpractice action
  • 78B-3-412. Notice of intent to commence action
  • 78B-3-413. Professional liability insurance coverage for providers-Insurance commissioner may require joint underwriting authority
  • 78B-3-414. Periodic payment of future damages in malpractice actions
  • 78B-3-415. Actions under Utah Governmental Immunity Act
  • 78B-3-416. Division to provide panel – Exemption – Procedures – Statute of limitations tolled – Composition of panel – Expenses – Division authorized to set license fees
  • 78B-3-417. Proceedings – Authority of panel – Rights of parties to proceedings
  • 78B-3-418. Decision and recommendations of panel – No judicial or other review
  • 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
  • 78B-3-420. Proceedings considered a binding arbitration hearing upon written agreement of parties – Compensation to members of panel
  • 78B-3-421. Arbitration agreements
  • 78B-3-422. Evidence of disclosures – Civil proceedings – Unanticipated outcomes – Medical care
  • 78B-3-423. Affidavit of merit
  • 78B-3-424. Limitation of liability for ostensible agent