78B-3-426. Nonpatient plaintiffs.
| (1) |
For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Subsection 78B-3-403(23). |
Terms Used In Utah Code 78B-3-426
- Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement. See Utah Code 78B-3-403
- Health care provider: includes any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders health care or professional services as a hospital, health care facility, physician, physician assistant, registered nurse, licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical social worker, certified social worker, social service worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons and officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 78B-3-403
- Patient: means a person who is under the care of a health care provider, under a contract, express or implied. See Utah Code 78B-3-403
- Plaintiff: The person who files the complaint in a civil lawsuit.
| (2) |
This section does not apply to a health care malpractice action brought or seeking recovery under Section 30-2-11, 78B-3-106, 78B-3-107, or 78B-3-502. |
| (3) |
To establish a malpractice action against a health care provider, a nonpatient plaintiff shall be required to show that:
| (a) |
the health care provider owes a duty to the nonpatient plaintiff; |
| (b) |
the nonpatient plaintiff suffered a foreseeable injury; |
| (c) |
the nonpatient plaintiff’s injury was proximately caused by an act or omission of the health care provider; and |
| (d) |
the health care provider’s act or omission was conduct that manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff. |
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Amended by Chapter 440, 2018 General Session
