(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 78B-3-106, 78B-3-107, 78B-3-502, or 81-3-111.
(3) To establish a malpractice action against a health care provider, a nonpatient plaintiff shall be required to show that:
(a) the health care provider owes a duty to the nonpatient plaintiff;
(b) the nonpatient plaintiff suffered a foreseeable injury;
(c) the nonpatient plaintiff's injury was proximately caused by an act or omission of the health care provider; and
(d) the health care provider's act or omission was conduct that manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.