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Health Care Malpractice Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
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LONG TITLE
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General Description:
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This bill addresses statutes of limitation for health care malpractice actions.
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Highlighted Provisions:
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This bill:
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▸ extends statutes of limitation for health care malpractice actions;
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▸ modifies the application of the statute of limitations, when a party files a notice of intent
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to allocate fault to a non-party health care provider;
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▸ expands the definition of "collateral source";
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▸ modifies the evidentiary rules for malpractice actions;
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▸ increases the limitation on awards of damages for noneconomic losses in certain
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malpractice actions; and
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▸ subjects the limitation on awards of damages for noneconomic losses in certain
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malpractice actions to an annual adjustment for inflation.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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78B-3-404, as last amended by Laws of Utah 2012, Chapter 384
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78B-3-405, as last amended by Laws of Utah 2023, Chapter 330
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78B-3-410, as last amended by Laws of Utah 2010, Chapter 97
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 78B-3-404 is amended to read:
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78B-3-404 . Statute of limitations -- Exceptions -- Application.
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(1) [A] Subject to Subsections (2) and (3), a malpractice action against a health care
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provider shall be commenced within [two] four years after the plaintiff or patient H.B. 288 01-21 09:21
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discovers, or through the use of reasonable diligence should have discovered the injury,
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whichever first occurs, but not to exceed [four] eight years after the date of the alleged
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act, omission, neglect, or occurrence.
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(2) Notwithstanding Subsection (1):
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(a) in an action where the allegation against the health care provider is that a foreign
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object has been wrongfully left within a patient's body, the claim shall be barred
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unless commenced within [one year] two years after the plaintiff or patient discovers,
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or through the use of reasonable diligence should have discovered, the existence of
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the foreign object wrongfully left in the patient's body, whichever first occurs; or
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(b) in an action where it is alleged that a patient has been prevented from discovering
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misconduct on the part of a health care provider because that health care provider has
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affirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be
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barred unless commenced within [one year] two years after the plaintiff or patient
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discovers, or through the use of reasonable diligence, should have discovered the
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fraudulent concealment, whichever first occurs.
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(3) A party's filing of a notice of intent to allocate fault to a non-party health care provider
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constitutes any other party's discovery of injury under Subsection (1), and any other
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party may commence a malpractice action against the non-party health care provider for
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that injury within the limitation periods in this section.
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Section 2. Section 78B-3-405 is amended to read:
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78B-3-405 . Amount of award reduced by amounts of collateral sources available
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to plaintiff -- No reduction where subrogation right exists -- Collateral sources defined --
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Procedure to preserve subrogation rights -- Evidence admissible -- Exceptions.
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(1) In all malpractice actions against health care providers as defined in Section 78B-3-403
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in which damages are awarded to compensate the plaintiff for losses sustained, the court
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shall reduce the amount of the award by the total of all amounts paid to the plaintiff
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from all collateral sources which are available to him. No reduction may be made for
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collateral sources for which a subrogation right exists as provided in this section nor
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shall there be a reduction for any collateral payment not included in the award of
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damages.
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(2) Upon a finding of liability and an awarding of damages by the trier of fact, the court
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shall receive evidence concerning the total amounts of collateral sources which have
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been paid to or for the benefit of the plaintiff or are otherwise available to him. The
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court shall also take testimony of any amount which has been paid, contributed, or
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forfeited by, or on behalf of the plaintiff or members of his immediate family to secure
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his right to any collateral source benefit which he is receiving as a result of his injury,
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and shall offset any reduction in the award by those amounts. Evidence may not be
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received and a reduction may not be made with respect to future collateral source
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benefits[ except as specified in Subsection (5)].
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(3) For purposes of this section "collateral source" means payments made to or for the
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benefit of the plaintiff for:
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(a) medical expenses and disability payments payable under the United States Social
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Security Act, any federal, state, or local income disability act, or any other public
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program, except the state and federal programs which are required by law to seek
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subrogation;
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(b) any health, sickness, or income replacement insurance, automobile accident
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insurance that provides health benefits or income replacement coverage, and any
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other similar insurance benefits, except life insurance benefits available to the
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plaintiff, whether purchased by the plaintiff or provided by others;
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(c) any contract or agreement of any person, group, organization, partnership, or
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corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or
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other health care services, except benefits received as gifts, contributions, or
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assistance made gratuitously; and
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(d) any contractual or voluntary wage continuation plan provided by employers or any
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other system intended to provide wages during a period of disability.
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(4) To preserve subrogation rights for amounts paid or received prior to settlement or
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judgment, a provider of collateral sources shall, at least 30 days before settlement or trial
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of the action, serve a written notice upon each health care provider against whom the
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malpractice action has been asserted. The written notice shall state:
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(a) the name and address of the provider of collateral sources;
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(b) the amount of collateral sources paid;
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(c) the names and addresses of all persons who received payment; and
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(d) the items and purposes for which payment has been made.
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[(5) Evidence is admissible of government programs that provide payments or benefits
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available in the future to or for the benefit of the plaintiff to the extent available irrespective
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of the recipient's ability to pay. Evidence of the likelihood or unlikelihood that the
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programs, payments, or benefits will be available in the future is also admissible. The trier
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of fact may consider the evidence in determining the amount of damages awarded to a
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plaintiff for future expenses.]
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[(6)] (5) A provider of collateral sources is not entitled to recover any amount of benefits
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from a health care provider, the plaintiff, or any other person or entity as reimbursement
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for collateral source payments made prior to settlement or judgment, including any
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payments made under Title 26B, Chapter 3, Part 10, Medical Benefits Recovery, except
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to the extent that subrogation rights to amounts paid prior to settlement or judgment are
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preserved as provided in this section.
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[(7)] (6) All policies of insurance providing benefits affected by this section are construed in
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accordance with this section.
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Section 3. Section 78B-3-410 is amended to read:
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78B-3-410 . Limitation of award of noneconomic damages in malpractice actions.
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(1) In a malpractice action against a health care provider, an injured plaintiff may recover
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noneconomic losses to compensate for pain, suffering, and inconvenience. The amount
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of damages awarded for noneconomic loss may not exceed:
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(a) for a cause of action arising before July 1, 2001, $250,000;
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(b) for a cause of action arising on or after July 1, 2001 and before July 1, 2002, the
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limitation is adjusted for inflation to $400,000;
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(c) for a cause of action arising on or after July 1, 2002, and before May 15, 2010 the
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$400,000 limitation described in Subsection (1)(b) shall be adjusted for inflation as
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provided in Subsection (2);[ and]
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(d) for a cause of action arising on or after May 15, 2010, $450,000[.] ; and
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(e) for a cause of action arising on or after May 15, 2025, $950,000.
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(2)(a) [Beginning July 1, 2002 and each July 1 thereafter until July 1, 2009] Beginning
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July 1, 2025, the limit for damages under Subsection (1)(c) shall be adjusted for
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inflation by the state treasurer.
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(b) By July 15 of each year[ until July 1, 2009], the state treasurer shall:
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(i) certify the inflation-adjusted limit calculated under this Subsection (2); and
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(ii) inform the Administrative Office of the Courts of the certified limit.
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(c) The amount resulting from Subsection (2)(a) shall:
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(i) be rounded to the nearest $10,000; and
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(ii) apply to a cause of action arising on or after the date the annual adjustment is
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made.
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(3) As used in this section, "inflation" means the seasonally adjusted [consumer price]
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medical care index for all urban consumers as published by the Bureau of Labor
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Statistics of the United States Department of Labor.
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(4) The limit under Subsection (1) does not apply to awards of punitive damages.
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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