FB Utah Statute of Limitations for Birth Injuries, Medical Malpractice

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 20 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 2 years

Utah Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

20 years: Statute of limitations and statute of repose found to be unconstitutional as applied to minors.

Utah Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: Utah Code Ann. § 78B-3-404: A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence. Notwithstanding the four-year statute of repose, an action based on a foreign object retained in the body may be brought within one year of the date when the object was or should have been discovered.

Utah Medical Malpractice Claim Caps

(1) In a malpractice action against a health care provider, an injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience. The amount of damages awarded for noneconomic loss may not exceed: (a) for a cause of action arising before July 1, 2001, $250,000; (b) for a cause of action arising on or after July 1, 2001 and before July 1, 2002, the limitation is adjusted for inflation to $400,000; (c) for a cause of action arising on or after July 1, 2002, and before May 15, 2010 the $400,000 limitation described in Subsection (1)(b) shall be adjusted for inflation as provided in Subsection (2); and (d) for a cause of action arising on or after May 15, 2010, $450,000. (Note – this section found unconstitutional as applied to wrongful death claims – See Smith v. US, 356 P.3d 1249 (2015)).

Utah Statute of Limitations for Wrongful Death Claims

2 years: Utah Code Ann. § 78B-3-404: A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs…

Utah Wrongful Death Claim Caps

Not applicable for the state of Utah.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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