Medical Malpractice Rules in Utah
The deadline to file a medical malpractice claim in Utah, the discovery rule, and caps on damages.
Short answer: Two years after the patient discovers, or with reasonable diligence should have discovered, the injury, but no more than four years after the act or omission. Utah Code § 78B-3-404
| Medical malpractice deadline | Two years after the patient discovers, or with reasonable diligence should have discovered, the injury, but no more than four years after the act or omission. For a foreign object wrongfully left in the body, or when the provider fraudulently concealed the misconduct, the deadline is one year after discovery. Source: Utah Code § 78B-3-404 |
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| Medical malpractice caps | In a malpractice action against a health care provider, noneconomic damages (pain, suffering and inconvenience) are capped at $450,000 for causes of action arising on or after May 15, 2010 (lower or inflation-adjusted amounts apply to older claims). The cap does not apply to punitive damages. Source: Utah Code § 78B-3-410 |
More Utah personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Utah
- Wrongful Death Lawsuits in Utah
- Car Accident Claims in Utah
- Dog Bite Liability in Utah
- Slip, Trip and Fall Injuries in Utah
- Sidewalk and Public Property Falls in Utah
- Motorcycle Accident Claims in Utah
- Pedestrian Accident Claims in Utah
- Bicycle Accident Claims in Utah
- Uber and Lyft Accident Claims in Utah
- Truck Accident Claims in Utah
- Construction Site Injuries in Utah
- All Utah personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Utah?
Two years after the patient discovers, or with reasonable diligence should have discovered, the injury, but no more than four years after the act or omission. For a foreign object wrongfully left in the body, or when the provider fraudulently concealed the misconduct, the deadline is one year after discovery.
Is there a cap on medical malpractice damages in Utah?
In a malpractice action against a health care provider, noneconomic damages (pain, suffering and inconvenience) are capped at $450,000 for causes of action arising on or after May 15, 2010 (lower or inflation-adjusted amounts apply to older claims). The cap does not apply to punitive damages.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.