Title 78B, Title 78B: Judicial Code

78B-3-406. Failure to obtain informed consent -- Proof required of patient -- Defenses -- Consent to health care. (1) When a person submits to health care rendered by a health care provider, it is presumed that actions taken by the health care provider are either expressly or imp…

78B-3-407. Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child. (1) A malpractice action against a health care provider may not be brought on the basis of the consequences resulting from the refusal of a child's p…

78B-3-407.5. Requirements for written agreement or consent for egg retrieval. (1) As used in this section: "Assisted reproduction" means the same as that term is defined in Section. 81-5-102 "Donor" means an individual who provides the individual's egg for use in assisted reprodu…

78B-3-408. Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result. Liability may not be imposed upon any health care provider on the basis of an alleged breach of guarantee, warranty, contract, or assurance of result to be obta…

78B-3-409. Ad damnum clause prohibited in complaint. A dollar amount may not be specified in the prayer of a complaint filed in a malpractice action against a health care provider. The complaint shall merely pray for such damages as are reasonable in the circumstances.

78B-3-410. Limitation of award of noneconomic damages and economic damages in malpractice actions. (1) Subject to Subsection, an injured plaintiff in a malpractice action against a health care provider may only recover noneconomic losses to compensate for pain, suffering, and inc…

78B-3-411. Limitation on attorney's contingency fee in malpractice action. (1) In any malpractice action against a health care provider as defined in Section, an attorney may not collect a contingent fee for representing a client seeking damages in connection with or arising out …

78B-3-412. Notice of intent to commence action. (1) A malpractice action against a health care provider may not be initiated unless and until the plaintiff: gives the prospective defendant or his executor or successor, at least 90 days' prior notice of intent to commence an actio…

78B-3-413. Professional liability insurance coverage for providers -- Insurance commissioner may require joint underwriting authority. (1) The commissioner may, after a public hearing, find that professional liability insurance coverage for health care providers is not readily av…

78B-3-414. Periodic payment of future damages in malpractice actions. (1) In any malpractice action against a health care provider, as defined in Section, the court shall, at the request of any party, order that future damages which equal or exceed $100,000, less amounts payable …

78B-3-415. Actions under Utah Governmental Immunity Act. The provisions of this part shall apply to malpractice actions against health care providers which are brought under the Utah Governmental Immunity Act if applicable. This part may not affect the requirements for filing not…

78B-3-416. Division to provide review panel -- Exemption -- Procedures -- Statute of limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license fees. (1) The division shall provide a prelitigation review panel to conduct a panel review in accorda…

78B-3-417. Proceedings -- Authority of panel -- Rights of parties to proceedings. (1) No record of the proceedings is required and all evidence, documents, and exhibits are returned to the parties or witnesses who provided the evidence, documents, and exhibits at the end of the p…

78B-3-418. Opinion and recommendations of panel. (1) The prelitigation review panel shall issue an opinion and the division shall issue a certificate of compliance with the prelitigation requirements of this part in accordance with this section. A certificate of compliance issued…

78B-3-418.5. Attorney fees. (1) The court may award attorney fees and costs to a respondent provider if: a prelitigation review panel renders an opinion under Subsectionthat a claimant's claim or cause of action has no merit; or 78B-3-418(2)(a) the court finds that the claimant d…

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. (1) Evidence of the proceedings conducted by the medical review panel and…

78B-3-420. Proceedings considered a binding arbitration hearing upon written agreement of parties -- Compensation to members of panel. Upon written agreement by all parties, the proceeding may be considered a binding arbitration hearing and proceed under, except for the selection…

78B-3-421. Arbitration agreements. (1) After May 2, 1999, for a binding arbitration agreement between a patient and a health care provider to be validly executed or, if the requirements of this Subsectionhave not been previously met on at least one occasion, renewed: (1) the pati…

78B-3-422. Evidence of disclosures -- Civil proceedings -- Unanticipated outcomes -- Medical care. (1) As used in this section: "Defendant" means the defendant in a malpractice action against a health care provider. "Health care provider" includes an agent of a health care provid…

78B-3-423. Affidavit of merit. (1) A claimant who elects to file an affidavit of merit shall file the affidavit of merit: within 60 days after the day on which the pre-litigation panel issues an opinion, if the claimant receives a finding from the pre-litigation panel in accordan…

78B-3-423.1. Division collection of panel review data. (1) The division shall: compile a written report summarizing the division's administration of panel reviews, including at least the information described in Subsection; (2) in compiling the written report under Subsection, re…

78B-3-424. Limitation of liability for ostensible agent. (1) For purposes of this section: "Agent" means a person who is an "employee," "worker," or "operative," as defined in Section, of a health care provider. 34A-2-104 "Ostensible agent" means a person: who is not an agent of …

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.

78B-3-426. Nonpatient plaintiffs. (1) For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Section. 78B-3-403 (2) This section does not apply to a health care malpractice action brought or seeking recovery under Section,,, or. 78B-3-106 7…

78B-3-427. Transgender procedures upon a minor -- Right of action -- Informed consent requirements -- Statute of limitations. (1) As used in this section: "Hormonal transgender treatment" means the same as that term is defined in Section. 58-1-603 "Minor" means the same as that t…

78B-3-428. Breach of duty for deviating from established practices. (1) A health care provider does not breach the duty of care the health care provider owes to a patient: to the extent any alleged breach is based on actions related to the health care provider's deviation from me…

78B-3-450. Definitions. As used in this part: (1) "Adverse event" means an injury or suspected injury that is associated with a health care process rather than an underlying condition of a patient or a disease. (2) "Affected party" means: a patient; and any representative of a pa…

78B-3-451. Medical candor process. In accordance with this part, a health care provider may engage an affected party in a process where the health care provider and any other health care provider notified in Subsectionthat chooses to participate in the process that: (1) conducts …

78B-3-452. Notice of medical candor process. (1) If a health care provider wishes to engage an affected party in a medical candor process, the health care provider shall: provide a written notice described in Subsectionto the affected party within 365 days after the day on which …

78B-3-453. Nonparticipating health care providers -- Offer of compensation -- Payment. (1) If any communications, materials, or information in any form during a medical candor process involve a health care provider that was notified under Subsectionbut the health care provider is…

78B-3-454. Confidentiality and effect of medical candor process -- Recording of medical candor process -- Exception for deidentified information or data. (1) Except as provided in Subsections,, and, all communications, materials, and information in any form specifically created f…

78B-3-501. Definitions. As used in this part, "therapist" means: (1) a psychiatrist licensed to practice medicine under Section, Utah Medical Practice Act or under Section, Utah Osteopathic Medical Practice Act; 58-67-301 58-68-301 (2) a psychologist licensed to practice psycholo…

78B-3-502. Limitation of therapist's duty to warn. (1) A therapist has no duty to warn or take precautions to provide protection from any violent behavior of his client or patient, except when that client or patient communicated to the therapist an actual threat of physical viole…

78B-3-601. Purpose. (1) The purpose of this part is to facilitate the compensation of injured parties from financial protection funds established pursuant to the Price Anderson Act, 42 U.S.C. Sec. 2210. (2) Nothing in this part may be construed to impose liability for harm from n…

78B-3-602. Definitions. As used in this part: (1) "Harm" means: personal injury, death, or illness, except an injury, death, or illness that is a basis for a claim under either a state or federal workmen's compensation act by an employee of a person liable pursuant to Section; 78…

78B-3-603. Liability imposed and limitations -- Defenses -- Limitations on damages. (1) Except as provided in this section, any person who owns, holds under license, transports, ships, stores, or disposes of nuclear material is liable, without regard to the conduct of any other p…

78B-3-604. Determination of causation -- Compensation allowed. (1) Causation of radiological injury from a nuclear incident shall be determined by the trier of fact, taking into account epidemiological studies, statistical probabilities, and other pertinent medical and scientific…

78B-3-701. Definitions. As used in this part: (1) "Disability" has the same meaning as defined in Section. 26B-6-801 (2) "Search and rescue dog" means a dog: with documented training to locate persons who are: lost, missing, or injured; or trapped under debris as the result of a …

78B-3-702. Damages recoverable for harm to or theft of service animal. (1) A person with a disability who uses a service animal, or the owner of a service animal has a cause of action for economic and noneconomic damages against: any person who steals or, without provocation, att…

78B-3-703. Limitation on cause of action. A cause of action does not exist under this section if the person with a disability who uses the service animal or the person having custody or supervision of the service animal was committing a civil or criminal trespass at the time of t…

78B-3-801. Cause of action for death or addiction caused by use or ingestion of illegal controlled substances -- Damages. (1) As used in this section, "substance" means any illegal controlled substance under Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Pa…