Medical Malpractice Revisions
The passage of SB0335 would mark a significant change in how medical malpractice claims are handled in Utah, particularly by eliminating the affidavit of merit that often serves as a barrier to filing. This could lead to an increase in claims, as more patients may feel empowered to seek recourse for perceived wrongdoings. The bill balances these changes with restrictions designed to protect defendants, such as requiring plaintiffs to pay for attorney fees if they do not prevail after a prelitigation review panel determines their claim lacks merit. This dual approach aims to streamline processes while safeguarding against frivolous lawsuits.
SB0335, titled 'Medical Malpractice Revisions', aims to amend various aspects surrounding malpractice actions against healthcare providers in Utah. Key provisions of the bill remove the requirement for claimants to submit an affidavit of merit, establish new data collection and reporting requirements for the Division of Professional Licensing and the Administrative Office of the Courts, and dictate the calculation of both economic and noneconomic losses. Additionally, the bill imposes obligations on plaintiffs regarding attorney fees in certain circumstances and limits liability for medical facilities, clinics, or organizations under specific conditions.
While supporters of SB0335 argue that these changes make the process more equitable and accessible for patients seeking justice, critics have voiced concerns that the elimination of the affidavit of merit may encourage a surge of non-meritorious claims, potentially overwhelming the legal system and healthcare providers. The rules concerning prelitigation review panels, where a decision on the merit of a claim is assessed before litigation begins, are intended to address this concern but also add complexity to the claims process, raising questions about efficiency and speed of justice.