Health & Medical in Utah
Key Utah Law
Utah Code Section 78B-3-404 (Utah Health Care Malpractice Act)
Utah's Health Care Malpractice Act (Utah Code §§ 78B-3-401 to 78B-3-427) requires malpractice claims to be filed within two years of discovery of the injury or four years from the act or omission, whichever is shorter, under Utah Code § 78B-3-404.
View official statuteProcedural Details in Utah
Utah Agencies & Resources
Utah Division of Occupational and Professional Licensing (DOPL)
Licenses and disciplines physicians and health care professionals in Utah through the Physician Licensing Board; investigates complaints.
Utah Department of Health and Human Services
Oversees hospital licensing and patient safety regulations in Utah.
Utah Insurance Department
Regulates health insurance and handles consumer complaints in Utah.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Utah?
Utah Code § 78B-3-404 provides two years from discovery or four years from the act, whichever is shorter. A mandatory pre-litigation panel under § 78B-3-416 must be convened, which tolls the SOL during the review. The non-economic damage cap is approximately $450,000 per occurrence.
Does Utah require a pre-litigation panel for malpractice claims?
Yes. Under Utah Code § 78B-3-416, all medical malpractice claims must be submitted to a three-member pre-litigation panel (an attorney, a physician, and a layperson) before a civil lawsuit can be filed. The panel issues a non-binding opinion and the SOL is tolled during the process.
What is Utah's non-economic damage cap in malpractice cases?
Utah Code § 78B-3-410 caps non-economic damages (pain, suffering, mental anguish) in medical malpractice at approximately $450,000 per occurrence (adjusted periodically). Economic damages — medical bills, lost wages, future care — are uncapped.
How do I file a complaint against a doctor in Utah?
Complaints against physicians may be filed with the Utah Division of Occupational and Professional Licensing (DOPL) at dopl.utah.gov. DOPL investigates and may impose conditions, suspend, or revoke a medical license. DOPL proceedings are separate from the pre-litigation panel and civil litigation.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Utah?
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