78B-3-410. Limitation of award of noneconomic damages in malpractice actions.
(1) In a malpractice action against a health care provider, an injured plaintiff may recover
noneconomic losses to compensate for pain, suffering, and inconvenience. The amount of
damages awarded for noneconomic loss may not exceed:
(a) for a cause of action arising before July 1, 2001, $250,000;
(b) for a cause of action arising on or after July 1, 2001 and before July 1, 2002, the
limitation is adjusted for inflation to $400,000; and
(c) for a cause of action arising on or after July 1, 2002, the $400,000 limitation
described in Subsection (1)(b) shall be adjusted for inflation as provided in Subsection (2).
(2) (a) Beginning July 1, 2002 and each July 1 thereafter, the limit for damages under
Subsection (1)(c) shall be adjusted for inflation by the state treasurer.
(b) By July 15 of each year, the state treasurer shall:
(i) certify the inflation-adjusted limit calculated under this Subsection (2); and
(ii) inform the Administrative Office of the Courts of the certified limit.
(c) The amount resulting from Subsection (2)(a) shall:
(i) be rounded to the nearest $10,000; and
(ii) apply to a cause of action arising on or after the date the annual adjustment is made.
(3) As used in this section, "inflation" means the seasonally adjusted consumer price
index for all urban consumers as published by the Bureau of Labor Statistics of the United States
Department of Labor.
(4) The limit under Subsection (1) does not apply to awards of punitive damages.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009