Part 4 - Utah Health Care Malpractice Act

Part 4 - Utah Health Care Malpractice Act

Section 401 - Title.
Section 402 - Legislative findings and declarations -- Purpose of act.
Section 403 - Definitions.
Section 404 - Statute of limitations -- Exceptions -- Application.
Section 405 - Amount of award reduced by amounts of collateral sources available to plaintiff -- No reduction where subrogation right exists -- Collateral sources defined -- Procedure to preserve subrogation rights -- Evidence admissible -- Exceptions.
Section 406 - Failure to obtain informed consent -- Proof required of patient -- Defenses -- Consent to health care.
Section 407 - Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.
Section 408 - Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result.
Section 409 - Ad damnum clause prohibited in complaint.
Section 410 - Limitation of award of noneconomic damages in malpractice actions.
Section 411 - Limitation on attorney's contingency fee in malpractice action.
Section 412 - Notice of intent to commence action.
Section 413 - Professional liability insurance coverage for providers -- Insurance commissioner may require joint underwriting authority.
Section 414 - Periodic payment of future damages in malpractice actions.
Section 415 - Actions under Utah Governmental Immunity Act.
Section 416 - Division to provide panel -- Exemption -- Procedures -- Statute of limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license fees.
Section 417 - Proceedings -- Authority of panel -- Rights of parties to proceedings.
Section 418 - Decision and recommendations of panel -- No judicial or other review.
Section 419 - Evidence of proceedings not admissible in subsequent action -- Panelist may not be compelled to testify -- Immunity of panelist from civil liability -- Information regarding professional conduct.
Section 420 - Proceedings considered a binding arbitration hearing upon written agreement of parties -- Compensation to members of panel.
Section 421 - Arbitration agreements.
Section 422 - Evidence of disclosures -- Civil proceedings -- Unanticipated outcomes -- Medical care.
Section 423 - Affidavit of merit.
Section 424 - Limitation of liability for ostensible agent.
Section 425 - Prohibition on cause of action for negligent credentialing.
Section 426 - Nonpatient plaintiffs.

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