Medical Malpractice:

Utah

State: Utah
 
Link to State Law: Utah Code

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Utah state law, contact an experienced attorney.

Statute of Limitations:
Under Utah law, a medical malpractice claim must be filed within two years of the date of the act or omission giving rise to the claim, or within two years of the date the injury was or should have been discovered. In cases involving a foreign object found in plaintiff's body, the action must be filed within one year of the insertion of the object or within one year of the date the plaintiff discovers or should have discovered the presence of the object. This one year limit for retained foreign object claims also applies to minors. No medical malpractice actions can be filed more than four years from the date of the act or omission giving rise to the injury under any circumstances. For Utah medical malpractice cases involving minors, the statute of limitations begins to run on a minor's eighteenth birthday.

Minimum Qualifications of Expert Witnesses: Medical malpractice expert witnesses are not required to meet any special minimum qualifications in order to testify in a case in Utah.

Limitations on Monetary Damages: According to Utah law, non-economic damages awarded in medical malpractice cases are limited to $400,000, adjusted for inflation after July 1, 2002.

Limitations on Attorney Fees: Utah law states that a contingent attorney fee may not exceed 1/3 of the plaintiff's award.

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