Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
(877) 262-9767 for a confidential consultation.
(877) 262-9767 for a confidential consultation.
Utah
- SOL for Medical Malpractice Claims (Minor Plaintiffs): 20 years
- SOL for Medical Malpractice Claims (Parental Claims): 2 years
- SOL for Wrongful Death Claims: 2 years
Utah Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)
20 years: Statute of limitations and statute of repose found to be unconstitutional as applied to minors.
Utah Statute of Limitations for Medical Malpractice Claims (Parental Claims)
2 years: Utah Code Ann. § 78B-3-404: A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence. Notwithstanding the four-year statute of repose, an action based on a foreign object retained in the body may be brought within one year of the date when the object was or should have been discovered.
Utah Medical Malpractice Claim Caps
(1) In a malpractice action against a health care provider, an injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience. The amount of damages awarded for noneconomic loss may not exceed: (a) for a cause of action arising before July 1, 2001, $250,000; (b) for a cause of action arising on or after July 1, 2001 and before July 1, 2002, the limitation is adjusted for inflation to $400,000; (c) for a cause of action arising on or after July 1, 2002, and before May 15, 2010 the $400,000 limitation described in Subsection (1)(b) shall be adjusted for inflation as provided in Subsection (2); and (d) for a cause of action arising on or after May 15, 2010, $450,000. (Note – this section found unconstitutional as applied to wrongful death claims – See Smith v. US, 356 P.3d 1249 (2015)).
Utah Statute of Limitations for Wrongful Death Claims
2 years: Utah Code Ann. § 78B-3-404: A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs…
Utah Wrongful Death Claim Caps
Not applicable for the state of Utah.
The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.
Discuss Your Potential Birth Injury Claim With Our Attorneys
If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.