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2019 Utah Code
Title 78B - Judicial Code
Chapter 3 - Actions and Venue
Part 4 - Utah Health Care Malpractice Act
Section 426 - Nonpatient plaintiffs.
Universal Citation: UT Code § 78B-3-426 (2019)
Effective 5/8/2018
78B-3-426. Nonpatient plaintiffs.
Amended by Chapter 440, 2018 General Session
78B-3-426. Nonpatient plaintiffs.
- (1) For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Subsection 78B-3-403(23).
- (2) This section does not apply to a health care malpractice action brought or seeking recovery under Section 30-2-11, 78B-3-106, 78B-3-107, or 78B-3-502.
- (3) To establish a malpractice action against a health care provider, a nonpatient plaintiff shall be required to show that:
- (a) the health care provider owes a duty to the nonpatient plaintiff;
- (b) the nonpatient plaintiff suffered a foreseeable injury;
- (c) the nonpatient plaintiff's injury was proximately caused by an act or omission of the health care provider; and
- (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.
Amended by Chapter 440, 2018 General Session
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