UTAH REFORMS

Health Care Malpractice Act- S.B. 145; Amended Utah Code Ann. § 78B-3-410; Utah Code Ann. § 78B-3-412; Utah Code Ann. § 78B-3-416; Utah Code Ann. § 78B-3-418;  Created a statute of repose that requires all claims to be brought within 10 years or they are barred.  Placed limitations on noneconomic damages of $350,000 for causes of action arising after       May 15, 2010.  Required an affidavit of merit from a health care professional in order to proceed with an action, if they received a non-meritorious finding from the pre-litigation panel.  Limited the liability of a health care provider, in certain circumstances, for the acts or omissions of an ostensible agent.

Good Faith Litigation: HB 13 (1988).  Requires a court to award attorneys' fees to the prevailing party where a lawsuit or defense was not brought in good faith.

Joint and Several Liability Reform: HB 74 (1999): Utah Code Ann. § 78‑27-40.  Clarifies the 1986 statute that abolished joint liability to address the Utah Supreme Court decision in Field v. The Boyer Company.

Joint and Several Liability Reform: SB 64 (1986).  Bars application of the rule of joint and several liability in the recovery of all damages.

Jury Service Reform: HB 324 (2003).  Requires all people to serve on juries unless they experience undue or extreme physical or financial hardship or incur substantial costs or lost opportunities due to missing an event that was scheduled prior to the initial notice of potential jury service.  Provides that a person who fails to appear for jury duty is in contempt of court and subject to penalties under Title 78, Chapter 32, Contempt.  Provides that a person who willfully misrepresents a material fact regarding qualification for, excuse from, or postponement of jury service is guilty of a class C misdemeanor.  Provides for employee protection by prohibiting an employer to require an employee to use annual, vacation, or sick leave for the time spent in the jury service process.  In addition, it prohibits employers to dismiss or in any other way penalize employees for responding to a jury service summons.

Medical Liability Reform: Arbitration: SB 138 (2003): Allows physicians to withhold services (except in emergencies) if patient does not consent to arbitration (oral and written consent).

Medical Liability Reform: Collateral Source Rule Reform: Utah Code Ann. § 78-14-4.5.  Provides for awards to be offset by collateral source payments, excluding any source for which a subrogation right exists and any amount paid by plaintiff or the immediate family to secure the benefit.

Medical Liability Reform: Contingent Fee Reform: Utah Code Ann. § 78-14-7.5.  Limits contingent fees in medical liability cases to 1/3 of the amount recovered.

Medical Liability Reform: Noneconomic Damages Reform: Utah Code Ann. § 78-14-7.1.  Limits noneconomic damages in medical liability cases to $250,000.

Medical Liability Reform: Nursing Home Care: HB 112 (2002).  Adds “health care facility” to the definition of “health care provider” in the Health Care Malpractice Act so that the state’s medical liability reforms apply to nursing care facilities and residential assisted living facilities.

Medical Liability Reform: Periodic Payment of Future Damages: Utah Code Ann. § 78-14-9.5.  Allows for the periodic payment of future medical liability damages exceeding $100,000.

Negligent Credentialing- S.B. 150 (2011), Utah Code Ann. § 78B-3-425.  Overturns a court ruling that determined that Negligent Credentialing would be a new cause of action in Utah.  Provides that negligent credentialing is not a cause of action in Utah.

Obesity Litigation Reform: S.B. 214 (2004).  Exempts from civil liability manufacturers, packers, distributors, carriers, holders, marketers, advertisers of food, or an association of one or more such entities when the claim is for obesity or weight gain resulting from the consumption of food. The liability exemption does not apply if the claim is based on a material violation of federal or state adulteration or misbranding requirements or any other material violation of applicable federal or state law related to the marketing, manufacturing, distribution, advertising, labeling or sale of food that was committed knowingly and willfully.  Food is defined as any raw, cooked, or processed edible substance, beverage, or ingredient for use or for sale, but does not include tobacco products, alcohol products, vitamins/dietary supplements, illegal drugs, or prescription/over-the-counter drugs.  Provides for a stay of discovery during a motion to dismiss. 

Product Liability Reform: Statute of Repose: SB 92 (1991).  Establishes a 10-year statute of repose for actions brought against architects, engineers, and builders for design error or faulty construction.  Requires that actions be brought within two years from the date that the defect is discovered.  Requires that breach of contract or warranty claims be brought within 6 years of the date of completion.  The reform does not apply to claims involving intentional or willful misconduct or warranties exceeding the statutory period of six years.  The statute of repose which provided death benefits to dependents only when work-related injury caused death within six years of accident violated the open courts provision of the State Constitution. Hales v. Industrial Commission of Utah, 854 P.2d 537 (Utah App. 1993). 

Product Liability Reform: Government Standards Defense: SB 25 (1989).  Includes all the provisions of the 1977 product liability statute, except the eight-year statute of repose, which was ruled unconstitutional.  The bill includes a presumptive government standards defense for all products.

Punitive Damages Reform: SB 24 (1989): Utah Code Ann. § 78-18-1.  Requires a plaintiff to show by “clear and convincing” evidence that a defendant’s actions were “knowing and reckless.”  (The law previously required only a showing that a defendant’s actions were “reckless.”)  Provides a government standard defense for FDA approved drugs.  Requires the determination of awards for punitive damages to be made in a separate proceeding on a defendant’s motion.  Requires 50% of all punitive damage awards over $20,000 to be paid to the state fund.

Tortious Act Arbitration- S.B. 52 (2011), Utah Code Ann. § 78B-10a-101 thru 109.  Promotes arbitration in tort cases and prohibits claims for punitive damages in such actions.  Creates filing and notice limits and provides for the selection of a single arbitrator or a panel of arbitrators.  Decisions by arbitrators are final, but either party can request for trial de novo.  If the plaintiff, as the moving party, does not obtain a verdict that is at least $5,000 and 30% greater than the arbitration award, the plaintiff is responsible for all of the defendant's costs.  If a defendant, as the moving party, does not obtain a verdict that is at least 30% less than the arbitration award, then the defendant is responsible for all of the plaintiff's costs.