Jensen v. Intermountain Healthcare, Inc.Annotate this Case
A request for prelitigation review, a step the Utah Healthcare Malpractice Act (UHMA) mandates a plaintiff take before filing a medical malpractice suit, tolls one of the limitation periods for filing that suit.
Plaintiff filed a notice of intent to sue and a request for prelitigation review. After he received a certificate of compliance, Plaintiff filed suit against Intermountain Healthcare, Inc. and related entities (collectively, IHC), alleging that medical staff failed properly to resuscitate him after he suffered cardiac arrest and provided negligent post-surgical care. IHC filed a motion for summary judgment, arguing that UHMA’s limitation period for medical malpractice actions barred Plaintiff’s suit. The district court disagreed, concluding that Plaintiff’s request for prelitigation proceedings tolled the time to file during the period he spent waiting for the prelitigation review to conclude. The Supreme Court affirmed, holding that the limitations period is tolled by filing a request for prelitigation review.