Utah Medical Malpractice

Created by Kimball Parker on May 12, 2016 1568

Medical malpractice occurs when a patient is injured because a health care provider (doctor, nurse, hospital, etc.) does not follow standard medical practices and procedures.  The injured patient can sue the health care provider for the injury. 

Medical malpractice law divides into several important topics: 

  1. Elements: what the injured patient must prove to recover for the injury;

  2. Defenses: how the health care provider can defend against the suit;

  3. Remedies: how much the injured patient can recover for the injury;

  4. Procedure: the procedure that the parties must follow that is specific to medical malpractice cases;

  5. Evidence: the evidence rules that are specific to medical malpractice cases; 

  6. Related Causes of Action: causes of action that are similar to medical malpractice and that appear alongside medical malpractice in the case law;

  7. Other issues: issues regarding medical malpractice law that don't fit into the above categories. 

Written by CO/COUNSEL, Inc. on April 28, 2016 2 2015
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Supporting Authority

STATUTES, RULES, REGULATIONS (1) SHOW ALL ADD STATUTES

Utah Code Ann., § 78B-3-403(17)
Link to Supporting Resource

‘‘Malpractice action against a health care provider’ means any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death or otherwise, based upon alleged personal injuries relating to or arising out of health care rendered or which should have been rendered by the health care provider."

Created by CO/COUNSEL, Inc. on February 24, 2016 0 2216