7 LONG TITLE
8 General Description:
9 This bill repeals and enacts provisions of the Utah Health Care Malpractice Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals provisions concerning prelitigation panels; and
13 ▸ provides requirements for a nonpatient plaintiff to establish a malpractice action
14 against a health care provider.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 78B-3-418, as last amended by Laws of Utah 2013, Chapter 275
23 78B-3-426, Utah Code Annotated 1953
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78B-3-418 is amended to read:
27 78B-3-418. Decision and recommendations of panel -- No judicial or other review.
28 (1) (a) The panel shall issue an opinion and the division shall issue a certificate of
29 compliance with the pre-litigation hearing requirements of this part in accordance with this
31 (b) A certificate of compliance issued in accordance with this section is proof that the
32 claimant has complied with all conditions precedent under this part prior to the commencement
33 of litigation as required in Subsection 78B-3-412(1).
47 (2) (a) The panel shall render its opinion in writing not later than 30 days after the end
48 of the proceedings, and determine on the basis of the evidence whether:
49 (i) each claim against each health care provider has merit or has no merit; and
50 (ii) if a claim is meritorious, whether the conduct complained of resulted in harm to the
52 (b) There is no judicial or other review or appeal of the panel's decision or
54 (3) The division shall issue a certificate of compliance to the claimant, for each
55 respondent named in the intent to file a claim under this part, if:
56 (a) for a named respondent, the panel issues an opinion of merit under Subsections
57 (2)(a)(i) and (ii);
58 (b) for a named respondent, the claimant files an affidavit of merit in accordance with
59 Section 78B-3-423 if the opinion under Subsection (1)(a) is non-meritorious under either
60 Subsection (2)(a)(i) or (ii);
61 (c) the claimant has complied with the provisions of Subsections 78B-3-416(3)(c) and
62 (d); or
63 (d) the parties submitted a stipulation under Subsection 78B-3-416(3)(e).
64 Section 2. Section 78B-3-426 is enacted to read:
65 78B-3-426. Nonpatient cause of action.
66 (1) For purposes of this section, a nonpatient plaintiff does not include a patient, as
67 defined in Subsection 78B-3-403(23).
68 (2) This section does not apply to a healthcare malpractice action brought or seeking
69 recovery under Section 30-2-11, 78B-3-106, 78B-3-107, or 78B-3-502.
70 (3) To establish a malpractice action against a health care provider, a nonpatient
71 plaintiff shall be required to show that:
72 (a) the nonpatient plaintiff suffered an injury;
73 (b) the nonpatient plaintiff's injury was proximately caused by an act or omission of the
74 health care provider; and
75 (c) the health care provider's act or omission was conduct that manifests a knowing and
76 reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.