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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 78B. Judicial Code § 78B-3-426. Nonpatient plaintiffs - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-3-426/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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