Title 78B - Judicial Code - Chapter 3 - Actions and Venue - Part 4 - Utah Health Care Malpractice Act - Section 426 - Nonpatient plaintiffs.


Published: 2018-05-08

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Utah Code

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Effective 5/8/2018 78B-3-426 Nonpatient plaintiffs. (1) For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in

Subsection 78B-3-403(23). (2) This section does not apply to a health care malpractice action brought or seeking recovery

under Section 30-2-11, 78B-3-106, 78B-3-107, or 78B-3-502. (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.

Amended by Chapter 440, 2018 General Session