reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 1 - Actions - Right to Sue and Be Sued › Section 106 - Death of a person -- Suit by heir or personal representative.

78B-3-106.
Death of a person -- Suit by heir or personal representative.
(1) Except as provided in Title 34A, Chapter 2, Workers' Compensation Act, when the death of a person is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if the person is employed by another person who is responsible for his conduct, then against the other person.
(2) If the adult person has a guardian at the time of his death, only one action may be maintained for the person's injury or death.
(3) The action may be brought by either the personal representatives of the adult deceased person, for the benefit of the person's heirs, or by the guardian for the benefit of the heirs, as defined in Section 78B-3-105.
(4) In every action under this section and Section 78B-3-105 damages may be given as under all the circumstances of the case may be just.
Amended by Chapter 79, 2009 General Session
Amended by Chapter 146, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 1 - Actions - Right to Sue and Be Sued › Section 107 - Survival of action for injury or death to individual, upon death of wrongdoer or injured individual -- Exception and restriction to out-of-pocket expenses.

Effective 5/14/2019
78B-3-107.
Survival of action for injury or death to individual, upon death of wrongdoer or injured individual -- Exception and restriction to out-of-pocket expenses.
(1)
(a) A cause of action arising out of personal injury to an individual, or death caused by the wrongful act or negligence of a wrongdoer, does not abate upon the death of the wrongdoer or the injured individual. The injured individual, or the personal representatives or heirs of the individual who died, has a cause of action against the wrongdoer or the personal representatives of the wrongdoer for special and general damages, subject to Subsection (1)(b).
(b) If, prior to judgment or settlement, the injured individual dies as a result of a cause other than the injury received as a result of the wrongful act or negligence of the wrongdoer, the personal representatives or heirs of the individual have a cause of action against the wrongdoer or personal representatives of the wrongdoer for special and general damages which resulted from the injury caused by the wrongdoer and which occurred prior to death of the injured individual from the unrelated cause.
(c) If the death of the injured individual from an unrelated cause occurs more than six months after the incident giving rise to the claim for damages, the claim shall be limited to special damages unless, prior to the injured individual's death:
(i) written notice of intent to hold the wrongdoer responsible has been mailed to or served upon the wrongdoer or the wrongdoer's insurance carrier or the uninsured motorist carrier of the injured individual, and proof of mailing or service can be produced upon request; or
(ii) a claim for damages against the wrongdoer or against the uninsured motorist carrier of the injured individual is the subject of ongoing negotiations between the parties or persons representing the parties or their insurers.
(d) A subsequent claim against an underinsured motorist carrier for which the injured individual was a covered person is not subject to the notice requirement described in Subsection (1)(c).
(2) Under Subsection (1) neither the injured individual nor the personal representatives or heirs of the individual who dies may recover judgment except upon competent satisfactory evidence other than the testimony of the injured individual.
(3) This section may not be construed to be retroactive.
Amended by Chapter 387, 2019 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 1 - Actions - Right to Sue and Be Sued › Section 109 - Right to life -- State policy -- Act or omission preventing abortion not actionable -- Failure or refusal to prevent birth not a defense.

78B-3-109.
Right to life -- State policy -- Act or omission preventing abortion not actionable -- Failure or refusal to prevent birth not a defense.
(1) The Legislature finds and declares that it is the public policy of this state to encourage all persons to respect the right to life of all other persons, regardless of age, development, condition, or dependency, including all persons with a disability and all unborn persons.
(2) A cause of action may not arise, and damages may not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted.
(3) The failure or refusal of any person to prevent the live birth of a person may not be a defense in any action, and may not be considered in awarding damages or child support, or imposing a penalty, in any action.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 1 - Actions - Right to Sue and Be Sued › Section 110 - Defense to civil action for damages resulting from commission of crime.

78B-3-110.
Defense to civil action for damages resulting from commission of crime.
(1) A person may not recover from the victim of a crime for personal injury or property damage if:
(a) the person entered the property of the victim or the victim's family with criminal intent and the injury or damage was inflicted by the victim or occurred while the person was on the victim's property; or
(b) the person committed a crime against the victim or the victim's family, during which the damage or injury occurred.
(2) The provisions of Subsection (1) do not apply if the person can prove by clear and convincing evidence that the person's actions did not constitute a crime.
(3) Subsection (1) applies to any next-of-kin, heirs, or personal representatives of the person if the person acquires a disability or is killed.
(4) Subsections (1) and (2) do not apply if the person committing or attempting to commit the crime has clearly retreated from the criminal activity.
(5) "Clearly retreated" means that the person committing the criminal act has fully, clearly, and immediately ceased all hostile, threatening, violent, or criminal behavior or activity.
Amended by Chapter 36, 2012 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 1 - Actions - Right to Sue and Be Sued › Section 111 - Cause of action against attorney or law firm for referral fee -- Exceptions.

Effective 5/5/2021
78B-3-111.
Cause of action against attorney or law firm for referral fee -- Exceptions.
(1) As used in this section:
(a) "Attorney" means an individual who is authorized to provide legal services in any state or territory of the United States.
(b) "Client" means an individual who is provided legal services by an attorney or a law firm.
(c) "Client referral fee" means any amount paid by an attorney or a law firm to a person that is not an attorney for the purpose of referring the client to receive legal services from the attorney.
(d) "Law firm" means a person that employs an attorney.
(e) "Legal services" means any form of legal advice or legal representation that is subject to the laws of this state.
(2) A client may bring a cause of action against an attorney or a law firm to recover a client referral fee if:
(a) the attorney or the law firm pays a client referral fee; and
(b) the client referral fee was not disclosed to the client before the client paid for, or was obligated to pay for, legal services from the attorney or the law firm.
(3) A client may not bring a cause of action under this section if the client referral fee was paid:
(a) as part of a profit-sharing plan that complies with the requirements of Section 401, Internal Revenue Code;
(b) to a person that provides marketing services, including pay-per-click advertising, for the attorney or the law firm, and the client referral fee was not contingent on whether the attorney or the law firm retains a client; or
(c) to a third party debt collection agency, as that term is defined in Section 12-1-11, for the purpose of recovering money owed to the attorney by the client.
(4) Any attorney or law firm that provides legal services to the client in the matter for which the client referral fee was paid shall be jointly and severally liable in a cause of action under Subsection (2).
(5) This section applies to a cause of action described in Subsection (2) that arises on or after May 5, 2021.
Enacted by Chapter 128, 2021 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 2 - Nonresident Jurisdiction Act › Section 201 - Title -- Purpose.

78B-3-201.
Title -- Purpose.
(1) This part is known as the "Nonresident Jurisdiction Act."
(2) It is declared, as a matter of legislative policy, that the public interest demands the state provide its citizens with an effective means of redress against nonresident persons, who, through certain significant minimal contacts with this state, incur obligations to citizens entitled to the state's protection. This legislative action is necessary because of technological progress which has substantially increased the flow of commerce between the several states resulting in increased interaction between persons of this state and persons of other states.
(3) The provisions of this part, to ensure maximum protection to citizens of this state, should be applied so as to assert jurisdiction over nonresident defendants to the fullest extent permitted by the due process clause of the Fourteenth Amendment to the United States Constitution.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 2 - Nonresident Jurisdiction Act › Section 202 - Definitions.

78B-3-202.
Definitions.
As used in this part:
(1) The words "any person" mean any individual, firm, company, association, or corporation.
(2) The words "transaction of business within this state" mean activities of a nonresident person, his agents, or representatives in this state which affect persons or businesses within the state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 2 - Nonresident Jurisdiction Act › Section 204 - Effect of failure to appoint registered agent -- Service of process upon nonresident.

78B-3-204.
Effect of failure to appoint registered agent -- Service of process upon nonresident.
If a nonresident person doing business fails to appoint a registered agent within the state in accordance with Title 16, Chapter 17, Model Registered Agents Act, service of process may be made by serving any person employed by or acting as an agent for the nonresident.
Amended by Chapter 43, 2010 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 2 - Nonresident Jurisdiction Act › Section 205 - Acts submitting person to jurisdiction.

78B-3-205.
Acts submitting person to jurisdiction.
Notwithstanding Section 16-10a-1501, any person or personal representative of the person, whether or not a citizen or resident of this state, who, in person or through an agent, does any of the following enumerated acts is subject to the jurisdiction of the courts of this state as to any claim arising out of or related to:
(1) the transaction of any business within this state;
(2) contracting to supply services or goods in this state;
(3) the causing of any injury within this state whether tortious or by breach of warranty;
(4) the ownership, use, or possession of any real estate situated in this state;
(5) contracting to insure any person, property, or risk located within this state at the time of contracting;
(6) with respect to actions of divorce, separate maintenance, or child support, having resided, in the marital relationship, within this state notwithstanding subsequent departure from the state; or the commission in this state of the act giving rise to the claim, so long as that act is not a mere omission, failure to act, or occurrence over which the defendant had no control; or
(7) the commission of sexual intercourse within this state which gives rise to a paternity suit under Title 78B, Chapter 15, Utah Uniform Parentage Act, to determine paternity for the purpose of establishing responsibility for child support.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 2 - Nonresident Jurisdiction Act › Section 206 - Service of process.

78B-3-206.
Service of process.
(1) Service of process on any party outside the state may be made pursuant to the applicable provisions of Rule 4 of the Utah Rules of Civil Procedure.
(2) Service of summons and of a copy of the complaint, if any, may also be made upon any person located without this state by any individual over 21 years of age, not a party to the action, with the same force and effect as though the summons had been personally served within this state. No order of court is required. An affidavit of the server shall be filed with the court stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether proper service has been made.
(3) Nothing contained in this section shall be construed to limit or affect the right to serve process in any other manner provided by law.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 2 - Nonresident Jurisdiction Act › Section 207 - Only claims arising from enumerated acts may be asserted.

78B-3-207.
Only claims arising from enumerated acts may be asserted.
Only claims arising from acts enumerated in this part may be asserted against a defendant in an action in which jurisdiction over him is based upon this part.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 2 - Nonresident Jurisdiction Act › Section 208 - Default judgments.

78B-3-208.
Default judgments.
(1) A default judgement may not be entered until the expiration of at least 30 days after service.
(2) A default judgment entered on service may be set aside only on a showing which would be timely and sufficient to set aside a default judgment entered on personal service within this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 2 - Nonresident Jurisdiction Act › Section 209 - When exercisable.

78B-3-209.
When exercisable.
Subject to the applicable statute of limitations, jurisdiction established under this part may be exercised regardless of when the claim arose.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 301 - Actions involving real property.

Renumbered 7/1/2024
78B-3-301.
Actions involving real property.
(1) Actions for the following causes involving real property shall be tried in the county in which the subject of the action, or some part, is situated:
(a) for the recovery of real property, or of an estate or interest in the property;
(b) for the determination, in any form, of the right or interest in the property;
(c) for injuries to real property;
(d) for the partition of real property; and
(e) for the foreclosure of all liens and mortgages on real property.
(2) If the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county selected is the proper county for the trial of the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 302 - Actions to recover fines or penalties -- Against public officers.

Renumbered 7/1/2024
78B-3-302.
Actions to recover fines or penalties -- Against public officers.
(1) Actions to recover fines or penalties shall be tried in the county where the cause, or some part of the cause, arose.
(2) If a fine, penalty, or forfeiture imposed by statute is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on the lake, river, or stream opposite to the place where the offense was committed.
(3) Except as otherwise provided by law, an action against a public officer or the public officer's designee shall be tried in the county where the cause arose.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 303 - Actions against a county.

Renumbered 7/1/2024
78B-3-303.
Actions against a county.
(1) An action against a county may be commenced and tried in the county.
(2) If the action is brought by another county, the action may be commenced and tried in any county not a party to the action.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 304 - Actions on written contracts.

Renumbered 7/1/2024
78B-3-304.
Actions on written contracts.
An action on a contract signed in this state to perform an obligation may be commenced and tried in the following venues:
(1) If the action is to enforce an interest in real property securing a consumer's obligation, the action may be brought only in the county where the real property is located or where the defendant resides.
(2) An action to enforce an interest other than under Subsection (1) may be brought in the county where the obligation is to be performed, the contract was signed, or in which the defendant resides.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 305 - Transitory actions -- Residence of corporations.

Repealed 7/1/2024
78B-3-305.
Transitory actions -- Residence of corporations.
(1) All transitory causes of action arising outside the state, except those mentioned in Section 78B-3-306, shall, if action is brought in this state, be brought and tried in the county where any defendant resides.
(2) If any such defendant is a corporation, the action may be brought and tried in any county in which the corporation has an office or place of business.
Repealed by Chapter 401, 2023 General Session
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 306 - Arising without this state in favor of resident.

Repealed 7/1/2024
78B-3-306.
Arising without this state in favor of resident.
All transitory causes of action arising outside the state in favor of residents of this state shall be brought and tried in the county where the plaintiff resides, or in the county where the principal defendant resides. If the principal defendant is a corporation, the action shall be brought in the county where the plaintiff resides or in the county where the corporation has an office or place of business.
Repealed by Chapter 401, 2023 General Session
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 307 - All other actions.

Renumbered 7/1/2024
78B-3-307.
All other actions.
(1) In all other cases an action shall be tried in the county in which:
(a) the cause of action arises; or
(b) any defendant resides at the commencement of the action.
(2) If the defendant is a corporation, any county in which the corporation has its principal office or a place of business shall be considered the county in which the corporation resides.
(3) If none of the defendants resides in this state, the action may be commenced and tried in any county designated by the plaintiff in the complaint.
(4) If the defendant is about to depart from the state, the action may be tried in any county where any of the parties resides or service is had.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 308 - Change of venue -- Conditions precedent.

Repealed 7/1/2024
78B-3-308.
Change of venue -- Conditions precedent.
If the county in which the action is commenced is not the proper county for the trial, the action may nevertheless be tried in the county in which it is filed, unless the defendant, at the time the answer is filed or an appearance is made, files a written motion requesting the trial be moved to the proper county.
Repealed by Chapter 401, 2023 General Session
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 309 - Grounds.

Repealed 7/1/2024
78B-3-309.
Grounds.
The court may, on motion, change the place of trial in the following cases:
(1) when the county designated in the complaint is not the proper county;
(2) when there is reason to believe that an impartial trial cannot be had in the county, city, or precinct designated in the complaint;
(3) when the convenience of witnesses and the ends of justice would be promoted by the change;
(4) when all the parties to an action, by stipulation or by consent in open court entered in the minutes, agree that the place of trial may be changed to another county.
Repealed by Chapter 401, 2023 General Session
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 310 - Court to which transfer is to be made.

Repealed 7/1/2024
78B-3-310.
Court to which transfer is to be made.
An action or proceeding which is transferred by order of the court shall be transferred to a court agreed upon by the parties. If the parties do not agree, the action shall be transferred to the nearest court where the objection or reason for transfer does not exist.
Repealed by Chapter 401, 2023 General Session
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 3 - Place of Trial -- Venue › Section 311 - Duty of clerk -- Fees and costs -- Effect on jurisdiction.

Repealed 7/1/2024
78B-3-311.
Duty of clerk -- Fees and costs -- Effect on jurisdiction.
(1) When an order is made transferring an action or proceeding for trial, the court shall transmit all pleadings and papers regarding the transferred action to the court to which it is transferred.
(2) All costs and fees for the transfer and filing the papers anew shall be paid by the party at whose instance the order was made.
(3) Notwithstanding Subsection (2), if the order is made because the action was commenced in the wrong county, the costs of transfer and filing the papers anew shall be paid by the plaintiff in the action within 10 days after the issuance of the order, or the action shall be dismissed for lack of jurisdiction.
(4) The court to which an action or proceeding is transferred shall have and exercise the same jurisdiction as if the action had been originally commenced there.
Repealed by Chapter 401, 2023 General Session
Renumbered and Amended by Chapter 3, 2008 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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.

Effective 5/4/2022
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 or a dental care provider, 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 356, 2022 General Session
2023 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
2023 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
2023 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
2023 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 5/4/2022
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(4)(c) and (d); or
(d) the parties submitted a stipulation under Subsection 78B-3-416(4)(e).
Amended by Chapter 212, 2022 General Session
2023 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
2023 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.

Effective 5/4/2022
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(5). If the proceeding is considered an arbitration proceeding, the parties are equally responsible for compensation to the members of the panel for services rendered.
Amended by Chapter 212, 2022 General Session
2023 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
2023 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 3 - Actions and Venue › Part 4 - Utah Health Care Malpractice Act › Section 425 - Prohibition on cause of action for negligent credentialing.

78B-3-425.
Prohibition on cause of action for negligent credentialing.
It is the policy of this state that the question of negligent credentialing, as applied to health care providers in malpractice suits, is not recognized as a cause of action.
Enacted by Chapter 430, 2011 General Session