Utah Code » Title 78B, Chapter 3 — Civil Actions; part 78B-3-4 — Utah Health Care Malpractice Act
Utah Code

Utah Code § 78B-3-401 (2026)

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✓ current as of May 2026
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This part shall be known and may be cited as the "Utah Health Care Malpractice Act."

Notes of Decisions
Cited in 14 cases (8 in the last 5 years), 2010–2025 · leading case: Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021).
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Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). · cites it 3× “JUSTICE PEARCE, opinion of the Court: INTRODUCTION ¶1 The United States Court of Appeals for the Tenth Circuit has a question about the reach of the Utah Health Care Malpractice Act (Malpractice Act or Act), UTAH CODE §§ 78B-3-401 through 426. See Scott v. Wingate Wilderness…”
Belnap v. Howard, 2019 UT 9 (Utah 2019). · cites it 2× “9 See Utah Code §§ 78B-3-401 to -426. 10 Allred v.”
Turpin v. Valley Obstetrics & Gynecology, 2021 UT App 12 (Utah Ct. App. 2021). · cites it 2× “Accordingly, in 2018, she served notices of intent to commence legal action against Defendants pursuant to the Utah Health Care Malpractice Act (the Act), Utah Code Ann. §§ 78B-3-401 to -426 (LexisNexis 2018 & Supp.”
Stewart v. Bova, 2011 UT App 129 (Utah Ct. App. 2011). · cites it 4× “See Utah Code Ann. §§ 78B-3-401 to -422 (2008).”
Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019). “Prior to 2010, the Malpractice Act only required that plaintiffs submit to a non-binding prelitigation hearing.”
Aguila v. Planned Parenthood of Utah, 2023 UT App 49 (Utah Ct. App. 2023). · cites it 2× “See Utah Code §§ 78B-3-401 to -426. Aguila appeals the dismissal.”
Riggs v. Georgia-Pac. LLC, 2015 UT 17 (Utah 2015). “2d 327, 331 (Utah 1997); UTAH CODE §§ 78B-3-401 to -425. 27 . Jensen, 944 P.”
Kirk v. Anderson, 2021 UT 41 (Utah 2021). · cites it 2× “As with evaluations of the fitness of an examinee for a particular occupation, see McCann, 2006 UT App 459 , an IME of an allegedly injured __________________________________________________________ 5 The Utah Health Care Malpractice Act has since been renumbered to section…”
Jane Does v. Broadbent, 2024 UT 31 (Utah 2024). “¶24 The Plaintiffs argue that the Malpractice Act does not apply here because the injuries they allege did not relate to or arise from health care.”
Goodridge v. Diamond Ranch Academy (D. Utah 2025). · cites it 2× “7 See generally Utah Code Ann. § 78B-3-401, et seq. 8 See Utah Code Ann.”
Hernandez v. Gosdis (D. Utah 2025). · cites it 2× “Allowing Plaintiffs to amend their Complaint would be futile “Dismissal of a pro se complaint for failure to state a claim is proper only where it is obvious that the plaintiff cannot prevail on the facts he has alleged and it would be futile to give him an opportunity to…”
Nordgren v. Ihc Health Servs., Inc., 2010 UT App 246 (Utah Ct. App. 2010). · cites it 2× “Nordgren began pursuing a medical malpractice claim against IHC by serving a Notice of Intent and Request for Prelitigation Panel Review pursuant to Utah's Health Care Malpractice Act (the Malpractice Act), see generally Utah Code Ann. §§ 78B-3-401 to -422 (2008 & Supp.”
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