Utah § 78B-3-407 Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.

Utah Statutes

§ 78B-3-407 — Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.

Utah·Title 78B Judicial Code·Ch. 78B-3 Civil Actions·Part 78B-3-4 Utah Health Care Malpractice Act

(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:

(1)(a) the health care is recommended by the health care provider;

(1)(b) the parent or guardian is provided with sufficient information to make an informed decision regarding the recommendation of the health care provider; and

(1)(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:

(2)(a) create a new cause of action;

(2)(b) expand an exis

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(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:

(1)(a) the health care is recommended by the health care provider;
(1)(b) the parent or guardian is provided with sufficient information to make an informed decision regarding the recommendation of the health care provider; and
(1)(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:

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

Utah § 78B-3-407 (Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.