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UT HB0288

UT HB0288
Health Care Malpractice Amendments


summary

Introduced
01/22/2025
In Committee
01/30/2025
Crossed Over
Passed
Dead
03/07/2025

Introduced Session

2025 General Session

Bill Summary

General Description: This bill addresses statutes of limitation for health care malpractice actions.

AI Summary

This bill amends Utah law regarding medical malpractice lawsuits by modifying three key areas: statutes of limitation, collateral source rules, and noneconomic damages caps. First, the bill extends the time frame for filing medical malpractice claims from two to four years after discovering an injury, with a maximum time limit increased from four to eight years after the alleged incident. For specific scenarios like foreign objects left in a patient's body or fraudulent concealment by a healthcare provider, the filing window is extended from one to two years after discovery. The bill also adds a provision allowing parties to file claims against non-party healthcare providers within the specified limitation periods. Second, the bill updates rules about collateral source payments, maintaining existing protections for plaintiffs regarding insurance and other benefit payments. Third, the bill increases the cap on noneconomic damages, raising the limit from $450,000 to $950,000 for causes of action arising on or after May 15, 2025, and changes the inflation adjustment method to use the medical care index instead of the consumer price index. These changes aim to provide more flexibility for patients seeking legal recourse for medical malpractice while updating damage award calculations to reflect current economic conditions. The bill is set to take effect on May 7, 2025.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

House/ filed in House file for bills not passed (on 03/07/2025)

bill text


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