78B-3-412. Notice of intent to commence action.
(1) A malpractice action against a health care provider may not be initiated unless and
until the plaintiff gives the prospective defendant or his executor or successor, at least 90 days'
prior notice of intent to commence an action.
(2) The notice shall include:
(a) a general statement of the nature of the claim;
(b) the persons involved;
(c) the date, time, and place of the occurrence;
(d) the circumstances surrounding the claim;
(e) specific allegations of misconduct on the part of the prospective defendant; and
(f) the nature of the alleged injuries and other damages sustained.
(3) Notice may be in letter or affidavit form executed by the plaintiff or his attorney.
Service shall be accomplished by persons authorized and in the manner prescribed by the Utah
Rules of Civil Procedure for the service of the summons and complaint in a civil action or by
certified mail, return receipt requested, in which case notice shall be considered served on the
date of mailing.
(4) Notice shall be served within the time allowed for commencing a malpractice action
against a health care provider. If the notice is served less than ninety days prior to the expiration
of the applicable time period, the time for commencing the malpractice action against the health
care provider shall be extended to 120 days from the date of service of notice.
(5) This section shall, for purposes of determining its retroactivity, not be construed as
relating to the limitation on the time for commencing any action, and shall apply only to causes
of action arising on or after April 1, 1976. This section shall not apply to third party actions,
counterclaims or crossclaims against a health care provider.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009