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Utah · Through 2026 General Session

Utah Code § 78B-3-426: Nonpatient plaintiffs.

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Where this section sits in the code
  1. Title 78B Judicial Code
  2. Chapter 78B-3 Civil Actions
  3. Part 78B-3-4 Utah Health Care Malpractice Act

(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.

Collected 2026-09-03T11:34:34Z. Source file · JSON

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