Vega v. Jordan Valley Medical Center, LPAnnotate this Case
The Supreme Court reversed the district court's grant of Defendants' motion to dismiss this medical malpractice action pursuant to Utah Code 78B-3-423(7) of the Utah Health Care Malpractice Act because Plaintiff failed to obtain a certificate of compliance from the Division of Occupational and Professional Licensing (DOPL), holding that the Malpractice Act violates Utah Const. art. VIII, I - the judicial power provision - by allowing DOPL to exercise the core judicial function of ordering the final disposition of claims like those brought by Plaintiff in this case without judicial review.
Plaintiff filed suit against Defendants without the certificate of compliance. The district court granted Defendants' motion to dismiss with prejudice citing Utah Code 78B-3-423(7) of the Malpractice Act. The Supreme Court reversed, holding (1) the 2010 amendments to the Malpractice Act empower DOPL to hear and dispose of medical malpractice claims on a final non-appealable basis in violation of Article VIII; and (2) therefore, sections 78B-3-412(1)(b) and Utah Code 78B-3-423 are facially unconstitutional.