Utah Medical Malpractice Laws

The 4-year statute of repose does not bar claims alleging that a foreign object was wrongfully left inside a patient's body.

If the health care provider affirmatively concealed the alleged misconduct, the claim must be brought within 1 year after the plaintiff discovers or should have discovered the fraudulent concealment.

Noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life) are capped at $450,000 for malpractice actions arising after May 15, 2010. No cap on economic damages (medical bills, lost wages).

Before filing a medical malpractice lawsuit, the patient must give each health care provider 90 days' written notice of intent. The notice must include the date, time, and place of the alleged injury, identification of all providers involved, and specific allegations of misconduct.

The plaintiff must file a request for prelitigation panel review within 60 days after serving the notice of intent. The panel consists of a lawyer, a licensed health care provider, and a lay member. The panel's decision is nonbinding, but filing tolls the statute of limitations until 60 days after the panel issues its opinion.

Through the prelitigation process, plaintiffs must obtain a certificate of compliance supported by expert review. Without expert support confirming the standard of care was breached, most claims cannot proceed through the prelitigation panel or into court.

The comprehensive framework governing medical malpractice claims in Utah, including prelitigation requirements, damage caps, statute of limitations, and the standard of proof required for negligence claims against health care providers.

In malpractice actions, the court shall reduce the damage award by the total of all collateral sources (insurance payments, etc.) available to the plaintiff, except where a subrogation right exists for those collateral sources.