PocketLaw | Utah Code | Utah Health Care Malpractice Act

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.

Section
406

Failure to obtain informed consent -- Proof required of patient -- Defenses -- Consent to health care.

Section
407

Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.

Section
408

Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result.

Section
409

Professional liability insurance coverage for providers -- Insurance commissioner may require joint underwriting authority.

Section
414

Periodic payment of future damages in malpractice actions.

Section
415

Actions under Utah Governmental Immunity Act.

Section
416

Division to provide panel -- Exemption -- Procedures -- Statute of limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license fees.

Section
417

Proceedings -- Authority of panel -- Rights of parties to proceedings.

Section
418

Decision and recommendations of panel -- No judicial or other review.

Section
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.

Section
420

Proceedings considered a binding arbitration hearing upon written agreement of parties -- Compensation to members of panel.

Section
421

Arbitration agreements.

Section
422

Evidence of disclosures -- Civil proceedings -- Unanticipated outcomes -- Medical care.

Section
423

Affidavit of merit.

Section
424

Limitation of liability for ostensible agent.

Section
425

Prohibition on cause of action for negligent credentialing.

Section
426

Utah Health Care Malpractice Act

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Title.

Legislative findings and declarations -- Purpose of act.

Definitions.

Statute of limitations -- Exceptions -- Application.

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.

Failure to obtain informed consent -- Proof required of patient -- Defenses -- Consent to health care.

Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.

Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result.

Ad damnum clause prohibited in complaint.

Limitation of award of noneconomic damages in malpractice actions.

Limitation on attorney's contingency fee in malpractice action.

Notice of intent to commence action.

Professional liability insurance coverage for providers -- Insurance commissioner may require joint underwriting authority.

Periodic payment of future damages in malpractice actions.

Actions under Utah Governmental Immunity Act.

Division to provide panel -- Exemption -- Procedures -- Statute of limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license fees.

Proceedings -- Authority of panel -- Rights of parties to proceedings.

Decision and recommendations of panel -- No judicial or other review.

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.

Proceedings considered a binding arbitration hearing upon written agreement of parties -- Compensation to members of panel.

Arbitration agreements.

Evidence of disclosures -- Civil proceedings -- Unanticipated outcomes -- Medical care.

Affidavit of merit.

Limitation of liability for ostensible agent.

Prohibition on cause of action for negligent credentialing.

Nonpatient plaintiffs.