Overview of Utah Medical Malpractice Statutes

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