reglab/housing_qa huggingface dataset:
UT Code § 78B-3-402 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 402 - Legislative findings and declarations -- Purpose of act.

78B-3-402. Legislative findings and declarations -- Purpose of act.    (1) The Legislature finds and declares that the number of suits and claims for damages and the amount of judgments and settlements arising from health care has increased greatly in recent years. Because of these increases the insurance industry has substantially increased the cost of medical malpractice insurance. The effect of increased insurance premiums and increased claims is increased health care cost, both through the health care providers passing the cost of premiums to the patient and through the provider's practicing defensive medicine because he views a patient as a potential adversary in a lawsuit. Further, certain health care providers are discouraged from continuing to provide services because of the high cost and possible unavailability of malpractice insurance.     (2) In view of these recent trends and with the intention of alleviating the adverse effects which these trends are producing in the public's health care system, it is necessary to protect the public interest by enacting measures designed to encourage private insurance companies to continue to provide health-related malpractice insurance while at the same time establishing a mechanism to ensure the availability of insurance in the event that it becomes unavailable from private companies.     (3) In enacting this act, it is the purpose of the Legislature to provide a reasonable time in which actions may be commenced against health care providers while limiting that time to a specific period for which professional liability insurance premiums can be reasonably and accurately calculated; and to provide other procedural changes to expedite early evaluation and settlement of claims.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-404 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 404 - Statute of limitations -- Exceptions -- Application.

78B-3-404. Statute of limitations -- Exceptions -- Application.    (1) A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence.     (2) Notwithstanding Subsection (1):   (a) in an action where the allegation against the health care provider is that a foreign object has been wrongfully left within a patient's body, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered, the existence of the foreign object wrongfully left in the patient's body, whichever first occurs; or     (b) in an action where it is alleged that a patient has been prevented from discovering misconduct on the part of a health care provider because that health care provider has affirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence, should have discovered the fraudulent concealment, whichever first occurs.      Amended by Chapter 384, 2012 General Session
UT Code § 78B-3-407 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 407 - Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child.

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
UT Code § 78B-3-408 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 408 - Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result.

78B-3-408. Writing required as basis for liability for breach of guarantee, warranty, contract, or assurance of result.  Liability may not be imposed upon any health care provider on the basis of an alleged breach of guarantee, warranty, contract, or assurance of result to be obtained from any health care rendered unless the guarantee, warranty, contract, or assurance is set forth in writing and signed by the health care provider or an authorized agent of the provider.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-409 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 409 - Ad damnum clause prohibited in complaint.

78B-3-409. Ad damnum clause prohibited in complaint.  A dollar amount may not be specified in the prayer of a complaint filed in a malpractice action against a health care provider. The complaint shall merely pray for such damages as are reasonable in the circumstances.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-410 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 410 - Limitation of award of noneconomic damages in malpractice actions.

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;     (c) for a cause of action arising on or after July 1, 2002, and before May 15, 2010 the $400,000 limitation described in Subsection (1)(b) shall be adjusted for inflation as provided in Subsection (2); and     (d) for a cause of action arising on or after May 15, 2010, $450,000.       (2)   (a) Beginning July 1, 2002 and each July 1 thereafter until July 1, 2009, the limit for damages under Subsection (1)(c) shall be adjusted for inflation by the state treasurer.     (b) By July 15 of each year until July 1, 2009, 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.    Amended by Chapter 97, 2010 General Session
UT Code § 78B-3-411 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 411 - Limitation on attorney's contingency fee in malpractice action.

78B-3-411. Limitation on attorney's contingency fee in malpractice action.    (1) In any malpractice action against a health care provider as defined in Section 78B-3-403, an attorney may not collect a contingent fee for representing a client seeking damages in connection with or arising out of personal injury or wrongful death caused by the negligence of another which exceeds 33-1/3% of the amount recovered.     (2) This limitation applies regardless of whether the recovery is by settlement, arbitration, judgment, or whether appeal is involved.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-412 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 412 - Notice of intent to commence action.

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:   (a) gives the prospective defendant or his executor or successor, at least 90 days' prior notice of intent to commence an action; and     (b) except for an action against a dentist, the plaintiff receives a certificate of compliance from the division in accordance with Section 78B-3-418.       (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 90 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.    Amended by Chapter 97, 2010 General Session
UT Code § 78B-3-413 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 413 - Professional liability insurance coverage for providers -- Insurance commissioner may require joint underwriting authority.

78B-3-413. Professional liability insurance coverage for providers -- Insurance commissioner may require joint underwriting authority.    (1) The commissioner may, after a public hearing, find that professional liability insurance coverage for health care providers is not readily available in the voluntary market in a specific part of this state, and that the public interest requires that action be taken.     (2) The commissioner may promulgate rules and implement plans to provide insurance coverage through all insurers issuing professional liability policies and individual and group accident and sickness policies providing medical, surgical or hospital expense coverage on either a prepaid or an expense incurred basis, including personal injury protection and medical expense coverage issued incidental to liability insurance policies.    Amended by Chapter 146, 2009 General Session
UT Code § 78B-3-415 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 415 - Actions under Utah Governmental Immunity Act.

78B-3-415. Actions under Utah Governmental Immunity Act.  The provisions of this part shall apply to malpractice actions against health care providers which are brought under the Utah Governmental Immunity Act if applicable. This part may not affect the requirements for filing notices of claims, times for commencing actions and limitations on amounts recoverable under the Utah Governmental Immunity Act.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-417 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 417 - Proceedings -- Authority of panel -- Rights of parties to proceedings.

78B-3-417. Proceedings -- Authority of panel -- Rights of parties to proceedings.    (1) No record of the proceedings is required and all evidence, documents, and exhibits are returned to the parties or witnesses who provided the evidence, documents, and exhibits at the end of the proceedings upon the request of the parties or witnesses who provided the evidence.     (2) The division may issue subpoenas for medical records directly related to the claim of medical liability in accordance with division rule and in compliance with the following:   (a) the subpoena shall be prepared by the requesting party in proper form for issuance by the division; and     (b) the subpoena shall be accompanied by:   (i) an affidavit prepared by the person requesting the subpoena attesting to the fact the medical record subject to subpoena is believed to be directly related to the medical liability claim to which the subpoena is related; or     (ii) by a written release for the medical records to be provided to the person requesting the subpoena, signed by the individual who is the subject of the medical record or by that individual's guardian or conservator.         (3) Per diem reimbursement to panel members and expenses incurred by the panel in the conduct of prelitigation panel hearings shall be paid by the division. Expenses related to subpoenas are paid by the requesting party, including witness fees and mileage.     (4) The proceedings are informal and formal rules of evidence are not applicable. There is no discovery or perpetuation of testimony in the proceedings, except upon special order of the panel, and for good cause shown demonstrating extraordinary circumstances.     (5)   (a) A party is entitled to attend, personally or with counsel, and participate in the proceedings, except upon special order of the panel and unanimous agreement of the parties. The proceedings are confidential and closed to the public.     (b) No party has the right to cross-examine, rebut, or demand that customary formalities of civil trials and court proceedings be followed. The panel may, however, request special or supplemental participation of some or all parties in particular respects.     (c) Communications between the panel and the parties, except the testimony of the parties on the merits of the dispute, are disclosed to all other parties.       (6) The division shall appoint a panel to consider the claim and set the matter for panel review as soon as practicable after receipt of a request.     (7) Parties may be represented by counsel in proceedings before a panel.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-418 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 418 - Decision and recommendations of panel -- No judicial or other review.

 Effective 5/10/2016  78B-3-418. Decision and recommendations of panel -- No judicial or other review.    (1)   (a) The panel shall issue an opinion and the division shall issue a certificate of compliance with the pre-litigation hearing requirements of this part in accordance with this section.     (b) A certificate of compliance issued in accordance with this section is proof that the claimant has complied with all conditions precedent under this part prior to the commencement of litigation as required in Subsection 78B-3-412(1).       (2)   (a) The panel shall render its opinion in writing not later than 30 days after the end of the proceedings, and determine on the basis of the evidence whether:   (i) each claim against each health care provider has merit or has no merit; and     (ii) if a claim is meritorious, whether the conduct complained of resulted in harm to the claimant.       (b) There is no judicial or other review or appeal of the panel's decision or recommendations.       (3) The division shall issue a certificate of compliance to the claimant, for each respondent named in the intent to file a claim under this part, if:   (a) for a named respondent, the panel issues an opinion of merit under Subsections (2)(a)(i) and (ii);     (b) for a named respondent, the claimant files an affidavit of merit in accordance with Section 78B-3-423 if the opinion under Subsection (1)(a) is non-meritorious under either Subsection (2)(a)(i) or (ii);     (c) the claimant has complied with the provisions of Subsections 78B-3-416(3)(c) and (d); or     (d) the parties submitted a stipulation under Subsection 78B-3-416(3)(e).      Amended by Chapter 257, 2016 General Session
UT Code § 78B-3-419 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 419 - Evidence of proceedings not admissible in subsequent action -- Panelist may not be compelled to testify -- Immunity of panelist from civil liability -- Information regarding professional conduct.

78B-3-419. Evidence of proceedings not admissible in subsequent action -- Panelist may not be compelled to testify -- Immunity of panelist from civil liability -- Information regarding professional conduct.    (1) Evidence of the proceedings conducted by the medical review panel and its results, opinions, findings, and determinations are not admissible as evidence in any civil action or arbitration proceeding subsequently brought by the claimant against any respondent and are not reportable to any health care facility or health care insurance carrier as a part of any credentialing process.     (2) No panelist may be compelled to testify in a civil action subsequently filed with regard to the subject matter of the panel's review. A panelist has immunity from civil liability arising from participation as a panelist and for all communications, findings, opinions, and conclusions made in the course and scope of duties prescribed by this section.     (3) Nothing in this chapter may be interpreted to prohibit the division from considering any information contained in a statutory notice of intent to commence action, request for prelitigation panel review, or written findings of a panel with respect to the division's determining whether a licensee engaged in unprofessional or unlawful conduct.    Amended by Chapter 275, 2013 General Session
UT Code § 78B-3-420 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 420 - Proceedings considered a binding arbitration hearing upon written agreement of parties -- Compensation to members of panel.

78B-3-420. Proceedings considered a binding arbitration hearing upon written agreement of parties -- Compensation to members of panel.  Upon written agreement by all parties, the proceeding may be considered a binding arbitration hearing and proceed under Title 78B, Chapter 11, Utah Uniform Arbitration Act, except for the selection of the panel, which is done as set forth in Subsection 78B-3-416(4). If the proceeding is considered an arbitration proceeding, the parties are equally responsible for compensation to the members of the panel for services rendered.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-422 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 422 - Evidence of disclosures -- Civil proceedings -- Unanticipated outcomes -- Medical care.

78B-3-422. Evidence of disclosures -- Civil proceedings -- Unanticipated outcomes -- Medical care.    (1) As used in this section:   (a) "Defendant" means the defendant in a malpractice action against a health care provider.     (b) "Health care provider" includes an agent of a health care provider.     (c) "Patient" includes any person associated with the patient.       (2) In any civil action or arbitration proceeding relating to an unanticipated outcome of medical care, any unsworn statement, affirmation, gesture, or conduct made to the patient by the defendant shall be inadmissible as evidence of an admission against interest or of liability if it:   (a) expresses:   (i) apology, sympathy, commiseration, condolence, or compassion; or     (ii) a general sense of benevolence; or       (b) describes:   (i) the sequence of events relating to the unanticipated outcome of medical care;     (ii) the significance of events; or     (iii) both.         (3) Except as provided in Subsection (2), this section does not alter any other law or rule that applies to the admissibility of evidence in a medical malpractice action.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-3-424 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 3 - Actions and Venue|Part 4 - Utah Health Care Malpractice Act|Section 424 - Limitation of liability for ostensible agent.

78B-3-424. Limitation of liability for ostensible agent.    (1) For purposes of this section:   (a) "Agent" means a person who is an "employee," "worker," or "operative," as defined in Section 34A-2-104, of a health care provider.     (b) "Ostensible agent" means a person:   (i) who is not an agent of the health care provider; and     (ii) who the plaintiff reasonably believes is an agent of the health care provider because the health care provider intentionally, or as a result of a lack of ordinary care, caused the plaintiff to believe that the person was an agent of the health care provider.         (2) A health care provider named as a defendant in a medical malpractice action is not liable for the acts or omissions of an ostensible agent if:   (a) the ostensible agent has privileges with the health care provider, but is not an agent of the health care provider;     (b) the health care provider has, by policy or practice, ensured that a person providing professional services has insurance of a type and amount required, if any is required, by the rules or regulations as established in:   (i) medical staff by-laws for a health care facility; or     (ii) other health care facility contracts, indemnification agreements, rules or regulations;       (c) the insurance required in Subsection (2)(b) is in effect at the time of the alleged act or omission of the ostensible agent; and     (d) there is a claim of agency or ostensible agency in a plaintiff's notice of intent to commence an action, the health care provider, within 60 days of the service of the notice of intent to commence an action, lists each person identified by the plaintiff who the provider claims is not an agent or ostensible agent of the provider.       (3) This section applies to a cause of action that arises on or after July 1, 2010.    Enacted by Chapter 97, 2010 General Session