Utah Statutes

§ 78B-3-426 — Nonpatient plaintiffs.

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

Amended by Chapter 366, 2024 General Session

Nearby Sections

15
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