Title 78B - Judicial Code - Chapter 3 - Actions and Venue - Part 4 - Utah Health Care Malpractice Act - Section 407 - Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Utah Code

Page 1

78B-3-407 Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child. (1) A malpractice action against a health care provider may not be brought on the basis of the

consequences resulting from the refusal of a child's parent or guardian to consent to the child's health care, if:

(a) the health care is recommended by the health care provider; (b) the parent or guardian is provided with sufficient information to make an informed decision

regarding the recommendation of the health care provider; and (c) the consent of the parent or guardian is required by law before the health care may be

administered. (2) The sole purpose of this section is to prohibit a malpractice action against a health care

provider under the circumstances set forth by this section. This section may not be construed to:

(a) create a new cause of action; (b) expand an existing cause of action; (c) impose a new duty on a health care provider; or (d) expand an existing duty of a health care provider.

Renumbered and Amended by Chapter 3, 2008 General Session