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Utah Code § 78B-3-426

Nonpatient plaintiffs

Known as the Utah Health Care Malpractice Act

The act spans §§ 78B-3-401 to 78B-3-428 (32 sections).

Amended by Chapter 366, 2024 General Session

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.