Utah Code 78B-3-406. Failure to obtain informed consent — Proof required of patient — Defenses — Consent to health care
Current as of: 2023 | Check for updates
|
Other versions
78B-3-406. Failure to obtain informed consent — Proof required of patient — Defenses — Consent to health care.
(1) |
|
(2) | In determining what a reasonable, prudent person in the patient’s position would do under the circumstances, the finder of fact shall use the viewpoint of the patient before health care was provided and before the occurrence of any personal injuries alleged to have arisen from said health care. |
(3) | It shall be a defense to any malpractice action against a health care provider based upon alleged failure to obtain informed consent if:
|
(4) | The written consent shall be a defense to an action against a health care provider based upon failure to obtain informed consent unless the patient proves that the person giving the consent lacked capacity to consent or shows by clear and convincing evidence that the execution of the written consent was induced by the defendant‘s affirmative acts of fraudulent misrepresentation or fraudulent omission to state material facts. |
(5) | This act may not be construed to prevent any person 18 years old or over from refusing to consent to health care for the patient’s own person upon personal or religious grounds. |
(6) | Except as provided in Section 76-7-304.5, the following persons are authorized and empowered to consent to any health care not prohibited by law:
|
(7) | A person who in good faith consents or authorizes health care treatment or procedures for another as provided by this act may not be subject to civil liability. |
(8) | Notwithstanding any other provision of this section, if a health care provider fails to comply with the requirement in Section 58-1-509, the health care provider is presumed to have lacked informed consent with respect to the patient examination, as defined in Section 58-1-509. |
Amended by Chapter 262, 2021 General Session