Title 78B, Title 78B: Judicial Code

78B-3-1202. Requirements for liability for exposure to ethylene oxide -- Limitation on liability. Notwithstanding any other provision of law, and except as otherwise provided in this part, no person engaged in business in the healthcare industry shall be liable in any ethylene ox…

78B-3-1203. Claim procedures -- Pleading requirements. In any ethylene oxide-related action: (1) the complaint shall: plead each element of the plaintiff's claim with particularity; and plead each alleged act or omission constituting gross negligence or willful misconduct that re…

78B-3-1204. Application and preemption -- Exclusive cause of action -- Transition clause -- Preemption of other law -- Workers' compensation applicability not affected. (1) This part creates an exclusive cause of action for ethylene oxide exposure actions. (2) A plaintiff may pre…

78B-3-1301. Definitions for part. As used in this part: (1) "Americans with Disabilities Act" means the same as that term is defined in Section. 78B-8-701 (2) "Attorney" means the same as that term is defined in Section. 78B-3-111 (3) "Business organization" means the same as tha…

78B-3-1302. Action for determination of abuse -- Rebuttable presumptions -- Damages. (1) A defending party has a right of action against a filing party who initiated a website access lawsuit against the defending party if the website access lawsuit is abusive. The attorney genera…

78B-3-1401. Definitions for part. Reserved.

78B-3-1402. Alienation of affections. There is no right of action for alienation of affections.

78B-3-201. Title -- Purpose. (1) This part is known as the "Nonresident Jurisdiction Act." (2) It is declared, as a matter of legislative policy, that the public interest demands the state provide its citizens with an effective means of redress against nonresident persons, who, t…

78B-3-202. Definitions. As used in this part: (1) The words "any person" mean any individual, firm, company, association, or corporation. (2) The words "transaction of business within this state" mean activities of a nonresident person, his agents, or representatives in this stat…

78B-3-204. Effect of failure to appoint registered agent -- Service of process upon nonresident. If a nonresident person doing business fails to appoint a registered agent within the state in accordance with, service of process may be made by serving any person employed by or act…

78B-3-204. Effect of failure to appoint registered agent -- Service of process upon nonresident. If a nonresident person doing business fails to appoint a registered agent within the state in accordance with Title 16, Chapter 1a, Part 4, Registered Agent of an Entity, service of …

78B-3-205. Acts submitting person to jurisdiction. Notwithstanding Section, any person or personal representative of the person, whether or not a citizen or resident of this state, who, in person or through an agent, does any of the following enumerated acts is subject to the jur…

78B-3-205. Acts submitting person to jurisdiction. Notwithstanding Section, any person or personal representative of the person, whether or not a citizen or resident of this state, who, in person or through an agent, does any of the following enumerated acts is subject to the jur…

78B-3-206. Service of process. (1) Service of process on any party outside the state may be made pursuant to the applicable provisions of Rule 4 of the Utah Rules of Civil Procedure. (2) Service of summons and of a copy of the complaint, if any, may also be made upon any person l…

78B-3-207. Only claims arising from enumerated acts may be asserted. Only claims arising from acts enumerated in this part may be asserted against a defendant in an action in which jurisdiction over him is based upon this part.

78B-3-208. Default judgments. (1) A default judgement may not be entered until the expiration of at least 30 days after service. (2) A default judgment entered on service may be set aside only on a showing which would be timely and sufficient to set aside a default judgment enter…

78B-3-209. When exercisable. Subject to the applicable statute of limitations, jurisdiction established under this part may be exercised regardless of when the claim arose.

78B-3-401. Title. This part shall be known and may be cited as the "Utah Health Care Malpractice Act."

78B-3-402. Legislative findings and declarations -- Purpose of act. (1) The Legislature finds and declares that the number of suits and claims for damages and the amount of judgments and settlements arising from health care has increased greatly in recent years. Because of these …

78B-3-403. Definitions. As used in this part: (1) "Audiologist" means a person licensed to practice audiology under. Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act (2) "Certified social worker" means a person licensed to practice as a certified social…

78B-3-404. Statute of limitations -- Exceptions -- Application. (1) A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whic…

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. (1) In all malpractice actions…

78B-3-405.5. Economic damages -- Judgments against personal assets. (1) This section applies to malpractice actions against health care providers, as defined in Section. 78B-3-403 (2) In a trial, the factfinder or court may not prejudice a defendant by knowing or considering evid…

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.