78B-3-405.5. Economic damages -- Judgments against personal assets.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)This section applies to malpractice actions against health care providers, as defined in Section 78B-3-403 .

(2)In a trial, the factfinder or court may not prejudice a defendant by knowing or considering evidence of the claimant's alleged losses for past medical expenses or the cost of medical equipment before:

(a)liability for the alleged losses has been established; and

(b)any claim for or award of noneconomic damages, if any, for the alleged losses has been fully adjudicated or entered.

(a)Subject to Subsection (3)(b):

(i)the court may add economic damages to an award, if any, under Subsection (2)(b) based on amounts that the plaintiff or a third party insurer, whether public or private, actually paid for medical expenses related to the injury at issue; and

(ii)if a plaintiff did not have insurance to pay medical expenses related to the injury at issue, the court may award economic damages for amounts the plaintiff actually paid or owes for medical care resulting from the loss.

(b)The court may not calculate an award of economic damages based solely on amounts indicated on a medical bill or invoice.

(4)A plaintiff may not pursue, collect, or execute on a judgment against an individual health care provider's personal income or assets, unless the court finds that:

(a)the provider's conduct was willful and malicious or intentionally fraudulent; or

(b)the defendant provider failed to maintain an insurance policy with a policy limit of at least $1,000,000.

(5)Prior to any award of damages to a plaintiff, a plaintiff may not make allegations that the court finds:

(a)are irrelevant to the adjudication of the claims at issue;

(b)are made primarily to coerce or induce settlement in an individual defendant provider; and

(c)pertain to a provider's personal income or assets.

Enacted by Chapter 503 , 2025 General Session