Recent Utah News

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March 2025 Newsletter

Premium increase causes pain for patients, providers A new American Medical Association Policy Research Perspective dives into the pain felt by health care providers and patients, as medical liability insurance premiums rise for a sixth year in a row. These troubling...

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April 2023 Newsletter

Patient protection: Good Samaritan legislation introduced in Congress The Good Samaritan Health Professionals Act of 2023 was re-introduced in the House of Representatives this month, to close the gap in available medical coverage during federally declared disasters...

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Current Medical Liability Laws

 

Damage Caps Since 2010 Utah has had a $450,000 for noneconomic damages. Utah Code § 78B- 3-410. The Utah Supreme Court has ruled that noneconomic damage caps in wrongful death cases are unconstitutional. Smith v. United States, 356 P.3d 1249 (Utah 2015).
Joint Liability Reform Yes. Defendants are responsible only for their proportionate share of negligence.
Utah Code § 78B-5-818. Except potentially in products cases between the manufacturer, distributors, and sellers of allegedly defective products. See Bylsma v. R.C. Willey, 2017 UT 85, 416 P.3d 595 (2017).
Collateral Source Reform (A)(1) Economic damages are 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 (2) if a plaintiff did not have insurance to pay medical expenses 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.
Attorney Fees Limited Yes. Total compensation may not exceed 1/3 of total damages.
Periodic Payments Permitted Yes. Any party may request periodic payments, and the court must order such payments if future damages exceed $100,000.