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Section 407 - Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.

UT Code § 78B-3-407 (2019) (N/A)
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(1) A malpractice action against a health care provider may not be brought on the basis of the consequences resulting from the refusal of a child's parent or guardian to consent to the child's health care, if: (a) the health care is recommended by the health care provider; (b) the parent or guardian is provided with sufficient information to make an informed decision regarding the recommendation of the health care provider; and (c) the consent of the parent or guardian is required by law before the health care may be administered.

(a) the health care is recommended by the health care provider;

(b) the parent or guardian is provided with sufficient information to make an informed decision regarding the recommendation of the health care provider; and

(c) the consent of the parent or guardian is required by law before the health care may be administered.

(2) The sole purpose of this section is to prohibit a malpractice action against a health care provider under the circumstances set forth by this section. This section may not be construed to: (a) create a new cause of action; (b) expand an existing cause of action; (c) impose a new duty on a health care provider; or (d) expand an existing duty of a health care provider.

(a) create a new cause of action;

(b) expand an existing cause of action;

(c) impose a new duty on a health care provider; or

(d) expand an existing duty of a health care provider.

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Section 406 - Failure to obtain informed consent -- Proof required of patient -- Defenses -- Consent to health care.
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