All Roll Calls
Yes: 126 • No: 67
UtahH.B. 5032025 General SessionHouseWALLET
Medical Malpractice Modifications
Sponsored By: Katy Hall (Republican)
Signed by Governor
BusinessHealth and Human ServicesHealth CareHealth Care ProfessionalsJudicial AdministrationCourtsJudicial OperationsMedical MalpracticeVictimsCivil LitigationOccupational and Professional Licensing
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 1 benefits, 3 costs, 4 mixed.
Patients gain easier malpractice court access
Malpractice claimants can go to court without a merit affidavit, a favorable panel opinion, or participation in panel review. The state division issues a compliance certificate when a panel gives an opinion, regardless of whether it finds merit. If review does not happen on time, either party can file an explanation within 180 days after requesting review. Optional merit affidavits are due within 60 days after an unfavorable opinion or the review deadline expires. A separate 30-day deadline runs from the division's specified determination. An extension of up to 60 days requires a signed statement that the filing deadline threatens the claim and the merit affidavit cannot be obtained before that deadline; named respondents must receive the statement.
Licensed providers must serve on panels
Covered health care providers with state licenses must serve on malpractice review panels when the state division orders them. The division can excuse service that creates an unreasonable burden or hardship. Unexcused failure to appear and participate can bring a fine of up to $5,000. Intentional or repeated unexcused failures can also count as unprofessional conduct.
Malpractice patients face pain compensation limits
Malpractice patients can receive noneconomic damages only for pain, suffering, and inconvenience. The cap is $450,000 for claims arising on or after May 15, 2010. Earlier caps are $250,000 before July 1, 2001, and a $400,000 baseline from July 1, 2001, through June 30, 2002. Claims arising July 1, 2002, through May 14, 2010, use inflation-adjusted limits. Annual adjustments ran July 1, 2002, through July 1, 2009, using the Consumer Price Index for All Urban Consumers, rounded to the nearest $10,000. These caps do not limit punitive damages.
Malpractice claimants risk paying defense fees
Providers can recover legal fees and costs from claimants who litigate without a merit affidavit and do not substantially win. This also requires either a no-merit panel opinion or a court finding of unreasonable scheduling noncooperation without a compliance certificate. Providers must request payment within 60 days after the final decision, judgment, or dismissal of all claims. Claimants or their lawyers also owe reasonable defense fees and costs when an affidavit contains allegations the claimant knew or should have known were baseless or false. A court or arbitrator must make that finding; the provider or insurer can recover those expenses.
New limits on malpractice medical costs
Beginning May 7, 2025, Utah law changes how courts calculate medical costs in malpractice cases. Courts cannot consider past medical expenses or equipment costs until liability and related noneconomic damages are decided. Medical-cost awards use amounts actually paid by the patient or a public or private insurer. Uninsured patients can recover amounts paid or owed for injury-related care, but billed charges alone cannot set the award. These rules can reduce patients' recoveries while limiting providers' liability.
Providers gain protection for personal assets
Malpractice claimants generally cannot collect judgments from an individual provider's personal income or assets, protecting providers but limiting recovery options. Exceptions require a court finding of willful and malicious conduct, intentional fraud, or failure to maintain at least $1 million in insurance coverage. Before damages are awarded, claimants also cannot make personal-income or asset allegations that a court finds irrelevant and mainly intended to pressure settlement.
Malpractice panel opinions cannot be appealed
A malpractice review panel gives a written opinion on whether each claim has merit. For claims with merit, it also decides whether the provider's conduct caused harm. Parties cannot seek court review or any other appeal of that opinion. The opinion is nonbinding in the malpractice case.
Therapist malpractice reviews pause during family cases
During a pending domestic case, a party generally cannot request malpractice panel review against a court-appointed therapist. The party must first ask for the therapist's release, and the court must find good cause to release the therapist. The claim's filing clock pauses until the therapist is released or the court enters a final order, whichever happens first.
Sponsors & Cosponsors
Sponsor
Katy Hall
Republican • House
Cosponsors
Scott D. Sandall
Republican • Senate
Roll Call Votes
Senate vote • 3/5/2025
Senate/ circled
Yes: 0 • No: 0
House vote • 3/5/2025
House/ concurs with Senate amendment
Yes: 47 • No: 27
Senate vote • 3/5/2025
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 17 • No: 11
Senate vote • 3/5/2025
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 3/4/2025
Senate Comm - Favorable Recommendation
Yes: 6 • No: 0
Senate vote • 3/4/2025
Senate Comm - Substitute Recommendation
Yes: 5 • No: 0
House vote • 2/28/2025
House/ substituted
Yes: 0 • No: 0
House vote • 2/28/2025
House/ uncircled
Yes: 0 • No: 0
House vote • 2/28/2025
House/ passed 3rd reading
Yes: 41 • No: 25
House vote • 2/28/2025
House/ floor amendment
Yes: 0 • No: 0
House vote • 2/27/2025
House/ circled
Yes: 0 • No: 0
House vote • 2/25/2025
House Comm - Favorable Recommendation
Yes: 10 • No: 4
House vote • Unknown
House/ floor amendment
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ circled
Yes: 0 • No: 0
House vote • Unknown
House/ circled
Yes: 0 • No: 0
House vote • Unknown
House/ uncircled
Yes: 0 • No: 0
House vote • Unknown
House/ substituted
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ uncircled
Yes: 0 • No: 0
Actions Timeline
Governor Signed
3/27/2025House/ to Governor
3/17/2025HouseHouse/ received enrolled bill from Printing
3/17/2025HouseHouse/ enrolled bill to Printing
3/13/2025HouseEnrolled Bill Returned to House or Senate
3/13/2025Draft of Enrolled Bill Prepared
3/6/2025Bill Received from House for Enrolling
3/6/2025House/ signed by Speaker/ sent for enrolling
3/6/2025HouseHouse/ received from Senate
3/6/2025HouseSenate/ to House
3/6/2025SenateSenate/ signed by President/ returned to House
3/6/2025SenateSenate/ received from House
3/6/2025SenateHouse/ to Senate
3/5/2025HouseHouse/ concurs with Senate amendment
3/5/2025HouseHouse/ placed on Concurrence Calendar
3/5/2025HouseHouse/ received from Senate
3/5/2025HouseSenate/ to House with amendments
3/5/2025SenateSenate/ passed 2nd & 3rd readings/ suspension
3/5/2025SenateSenate/ uncircled
3/5/2025SenateSenate/ circled
3/5/2025SenateSenate/ 2nd & 3rd readings/ suspension
3/5/2025SenateSenate/ Rules to 2nd Reading Calendar
3/5/2025SenateSenate/ 2nd Reading Calendar to Rules
3/5/2025SenateSenate/ placed on 2nd Reading Calendar
3/5/2025SenateSenate/ comm rpt/ substituted
3/5/2025Senate
Bill Text
Enrolled
3/13/2025
Substitute #2
3/4/2025
Substitute #3
3/4/2025
Amended 2/28/2025 16:02:544
2/28/2025
Substitute #1
2/28/2025
Introduced
2/13/2025