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Judicial Code | |
Actions and Venue | |
Section 407 | Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child. |
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78B-3-407. Limitation on actions against health care providers when parent or
guardian refuses to consent to health care of child. (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. (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.
Renumbered and Amended by Chapter 3, 2008 General Session |
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