Utah

Statute of Limitations

Medical Claim Generally:

“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, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence.” However, “in an action where the allegation against the health care provider is that a foreign object has been wrongfully left within a patient's body, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered, the existence of the foreign object wrongfully left in the patient's body, whichever first occurs” [UCA § 78B-3-404(1)]

Minors:

The statute of limitations tolls for minors until they reach the age of 18.

Wrongful death:

An action “for recovery of damages for a death caused by the wrongful act or neglect of another” must be brought within 2 years. [Utah Code § 78B-2-304]

Damage Caps

“For a cause of action arising on or after May 15, 2010” noneconomic damages are capped at “$450,000.” However, this amount “shall be adjusted for inflation by the state treasurer.” [UCA § 78B-3-410] It is important to note that the Utah Supreme Court held that this cap does not apply to damages from a wrongful death claim. [Smith v. United States 2015]

Attorney Fee  Caps

In a malpractice action, “an attorney may not collect a contingent fee for representing a client seeking damages in connection with or arising out of personal injury or wrongful death caused by the negligence of another which exceeds 33-1/3% of the amount recovered.” [UCA § 78B-3-411]

Pre-suit 

Requirements

“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 action; and except for an action against a dentist or a dental care provider, the plaintiff receives a certificate of compliance from the division in accordance with Section 78B-3-418.” [UCA § 78B-3-412] In addition, “a hearing panel in alleged medical liability cases against health care providers” is also required. [UCA § 78B-3-416] Finally, a claimant is required to file an affidavit of merit. [UCA § 78B-3-423]

Expert

Qualifications

Utah requires the general rules for experts that the testimony must be relevant and reliable. [702 of the Utah Rules of Evidence]

Negligent 

Credentialing Claims

Utah does not currently recognize negligent credentialing as a cause of action. [Utah Code Section 78B-3-425]