78B-3-426. Nonpatient plaintiffs.
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/ut/title-78b/chapter-3/78b-3-426·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 9/1/2024
78B-3-426. Nonpatient plaintiffs.
(1)For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Section 78B-3-403 .
(2)This section does not apply to a health care malpractice action brought or seeking recovery under Section 78B-3-106 , 78B-3-107 , 78B-3-502 , or 81-3-111 .
(3)To establish a malpractice action against a health care provider, a nonpatient plaintiff shall be required to show that:
(a)the health care provider owes a duty to the nonpatient plaintiff;
(b)the nonpatient plaintiff suffered a foreseeable injury;
(c)the nonpatient plaintiff's injury was proximately caused by an act or omission of the health care provider; and
(d)the health care provider's act or omission was conduct that manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.
Amended by Chapter 366 , 2024 General Session