78B-3-428.  Breach of duty for deviating from established practices.

(1)  A health care provider does not breach the duty of care the heath care provider owes to a patient:

Terms Used In Utah Code 78B-3-428

  • 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 facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, health care facilities owned or operated by health maintenance organizations, and end stage renal disease facilities. 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
(a)  to the extent any alleged breach is based on actions related to the health care provider’s deviation from medical norms or established practices; and

(b)  if the conditions described in Subsection 58-1-501(5) have been met.

(2)  A health care facility is not vicariously liable for an action or claim described in Subsection (1)(a) if the conditions described in Subsection 58-1-501(5) have been met.

Enacted by Chapter 321, 2023 General Session