Utah § 78B-3-426 Nonpatient plaintiffs.

Utah Statutes

§ 78B-3-426 — Nonpatient plaintiffs.

Utah § 78B-3-426

Title 78BJudicial Code

Ch. 78B-3Civil Actions

Part 78B-3-4Utah Health Care Malpractice Act

This text of Utah § 78B-3-426 (Nonpatient plaintiffs.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-3-426 (2026).

Text

(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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(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 injury suffered by the nonpatient plaintiff.