Utah Medical Malpractice Laws

The limit on noneconomic damages is $450,000 for causes of action arising on or after May 15, 2010 and is adjusted for inflation thereafter. The statute of limitations is two years from the occurrence but not more than four years from the act. For situations where the defendant fraudulently concealed the misconduct, the claim must be filed within one year after it should have been reasonably discovered. For foreign objects, within one year of reasonable discovery. There is several liability. Attorney fees are limited to one-third. Periodic payments are required for net future damages in the amount of $100,000 or more, at the request of any party. Periodic payments, except those for future earnings, terminate upon the death of the claimant. The claimant must request a pre-litigation panel review within sixty days after service of a statutory notice of intent to commence an action. The panel’s proceedings are not admissible during trial. The claimant is required to file a certificate of merit that includes an affidavit signed by a qualified expert stating that there are reasonable grounds to believe that the applicable standard of care was breached and that the breach was a proximate cause of the injury.

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