Utah Med Law

Health care providers in Utah, both physicians and facilities, have deep pockets.  Doctors wield that power through lobbying efforts of UMIA (Utah Medical Insurance Association) and UMA (Utah Medical Association).  The health care facilities, most notable Intermountain Health Care (IHC), employ their own lobbyists. 

Every year, year after year, they draft legislation in secret without the input of consumer groups or trial lawyers who represent people injured as a result of medical malpractice.  Every year they draft proposed legislation to further protect their interests and spring it on the public when the legislature is in session.  Every year they want more protection.  My question is who cares for the injured people?  If you doubt that health care providers are incrementally getting more and more protection consider the following statutes that protect health care providers and stop the injured from receiving full and fair redress when injured as a result of medical malpractice:

Limitation of award of non-economic damages in malpractice actions. §78B-3-410

Caps on Damages for Loss of Consortium §30-2-11(7)

Caps on Governmental Immunity Act total damages in most circumstances §63G-7-604

Statute of Repose (claims expire even if patient unaware of injury such as undiagnosed cancer) §78B-3-404

Short Statute of Limitations §78B-3-404

Prelitigation Screening Mandatory Before Lawsuit §78B-3-416

Abrogation of Collateral Source Rule (negligent care provider gets the benefit of insurance that the patient paid for or that taxpayers provide) §78B-3-405

Periodic Payment of Future Damages Delaying by Years or Decades the Patient’s Receipt of an Award §78B-3-414

Arbitration Agreements Enforced §78B-3-421

Restriction on Informed Consent Claims §78B-3-406

Restriction on Warranty, Guaranty and Contract Claims  §78B-3-408

Limits on Use of Admissions of Fault §78B-3-422

Increased Burden of Proof for victims for all Emergency Department Care §58-13-2.5 

16.  Notice of Intent Required Before Lawsuit §78B-3-412

Prohibition on Access to and Use of Peer Review, Incident and Credentialing Materials §26-25-1

Limitation on Therapist’s Duty to Warn §78B-3-604

Immunity and Extension of Good Samaritan Act and Health Care Providers Immunity from Liability Act to nurse practitioners §58-31b-701

Immunity for 911 Calls §69-2-6

Immunity for Emergency Medical Assistance (including paid services) provided by governmental employees §63G-7-302(5)(s)

Immunity for care provider who renders care at scene of emergency without duty to respond §58-13-2

Immunity (except for gross negligence or willful misconduct) for uncompensated care §58-13-3

Immunity for certain care providers during emergency declarations §26-49-501

Immunity to retired health care provider volunteers if care is uncompensated §58-81-104(5)

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