Utah Medical Malpractice Statute of Limitations

A health care worker can be deemed negligent, and liable for malpractice, if he/she failed to diagnose an illness or injury that resulted in further injury or death.  Usually a doctor, the individual can also be sued if medically approved treatment was withheld for an unreasonable amount of time, or the proper treatment was not given to the patient.  In the state of Utah, the amount awarded and the rules regarding expert witnesses may differ from other states.  For instance, Utah does not impose any restrictions on the witness.

Time Limits for Filing a Claim in Utah

The statute of limitations for filing a malpractice claim in the state of Utah can be complicated and confusing.  In most cases, the patient has two years to file suit.  If a foreign object has been left in the body, the plaintiff has a year from the time of discovery or from the time, it has been left in a cavity. If the individual is a minor, the statute runs out a year after the eighteenth birthday.  However, if a foreign object is found, legal age does not apply.  In no case, can legal action be taken four years after the act or omission of proper care.

Negligence Laws

Negligence laws also differ from state-to-state.  In Utah, a voluntary pretrial screening may be requested.  Nevertheless, the information is not admissible, if it goes to trial.  For more information, please view the chart below:

Award Limits in Utah

In Utah, the economic damages can be based on the current medical bills and any future medical expenses that may result from malpractice.  However, as of 2002, the non-economic award is limited to $400,000.  However, the amount will also reflect any adjustments for inflation, since the time the restriction was made into law.

Legal Help

Utah has abolished the rule that holds each defendant equally responsible for the plaintiff’s injury or death.  The amount is based on the percentage of blame attributed to the defendant(s) actions. Coupled with other specific legalities, professional legal help is advised. An individual who suffers injury or death, due to the actions of others, deserves the compensation necessary to pay for any related medical bills and compensation for loss of income, pain, and suffering. A malpractice attorney can make sure the plaintiff receives the maximum amount deserved.