Utah Statutes
§ 78B-3-426 — Nonpatient plaintiffs.
(1)For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Section 78B-3-403.
(2)This section does not apply to a health care malpractice action brought or seeking recovery under Section 78B-3-106, 78B-3-107, 78B-3-502, or 81-3-111.
(3)To establish a malpractice action against a health care provider, a nonpatient plaintiff shall be required to show that:
(3)(a) the health care provider owes a duty to the nonpatient plaintiff;
(3)(b) the nonpatient plaintiff suffered a foreseeable injury;
(3)(c) the nonpatient plaintiff's injury was proximately caused by an act or omission of the health care provider; and
(3)(d) the health care provider's act or omission was conduct that manifests a knowing and reckless indifference toward, and a disregard of, the i
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Related
Mower v. Childrens Ctr
2018 UT 29 (Utah Supreme Court, 2018)
Scott v. Wingate Wilderness Therapy
2021 UT 28 (Utah Supreme Court, 2021)
Legislative History
Amended by Chapter 366, 2024 General Session
Nearby Sections
15
§ 78B-1-101
Title.§ 78B-1-102
Definitions.§ 78B-1-104
Jury composition.§ 78B-1-109
Excuse from jury service -- Postponement.§ 78B-1-110
Limitations on jury service.§ 78B-1-112
Jurors -- Preservation of records.§ 78B-1-114
Jury fee assessments -- Payment.§ 78B-1-115
Jurors -- Penalties.