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7 LONG TITLE
8 General Description:
9 This bill enacts provisions of the Utah Health Care Malpractice Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides requirements for a nonpatient plaintiff to establish a malpractice action
13 against a health care provider.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 ENACTS:
20 78B-3-426, Utah Code Annotated 1953
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22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78B-3-426 is enacted to read:
24 78B-3-426. Nonpatient cause of action.
25 To establish a malpractice action against a health care provider, a nonpatient plaintiff
26 shall be required to show that:
27 (1) the nonpatient plaintiff suffered an injury;
28 (2) the nonpatient plaintiff's injury was proximately caused by an act or omission of the
29 health care provider; and
30 (3) the health care provider's act or omission was conduct manifesting:
31 (a) knowing disregard for the safety of the nonpatient; or
32 (b) gross negligence that constitutes careless or reckless disregard to a degree that
33 shows indifference to the consequences that may result.
Legislative Review Note
Office of Legislative Research and General Counsel