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

Utah Code § 78B-3-402 (2026)

Legislative findings and declarations -- Purpose of act

✓ current as of May 2026
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The Legislature finds and declares that the number of suits and claims for damages and the amount of judgments and settlements arising from health care has increased greatly in recent years. Because of these increases the insurance industry has substantially increased the cost of medical malpractice insurance. The effect of increased insurance premiums and increased claims is increased health care cost, both through the health care providers passing the cost of premiums to the patient and through the provider's practicing defensive medicine because he views a patient as a potential adversary in a lawsuit. Further, certain health care providers are discouraged from continuing to provide services because of the high cost and possible unavailability of malpractice insurance.
In view of these recent trends and with the intention of alleviating the adverse effects which these trends are producing in the public's health care system, it is necessary to protect the public interest by enacting measures designed to encourage private insurance companies to continue to provide health-related malpractice insurance while at the same time establishing a mechanism to ensure the availability of insurance in the event that it becomes unavailable from private companies.
In enacting this act, it is the purpose of the Legislature to provide a reasonable time in which actions may be commenced against health care providers while limiting that time to a specific period for which professional liability insurance premiums can be reasonably and accurately calculated; and to provide other procedural changes to expedite early evaluation and settlement of claims.
Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2015–2024 · leading case: Bingham v. Gourley, 2024 UT 38 (Utah 2024).
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Bingham v. Gourley, 2024 UT 38 (Utah 2024). · cites it 7× “” In so concluding, the court expressly cited and deferred to the legislature’s findings about the crisis, which are codified at Utah Code section 78B-3-402. Among other things, the legislature found that rising malpractice claims, judgments, and settlements “substantially…”
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). · cites it 2× “” UTAH CODE § 78B-3-402. These terms have been included since the Act was adopted in 1976.”
Coroles v. State, 2015 UT 48 (Utah 2015). “§ 78B-3-402(8). To this end, the Malpractice Act contains a confidentiality provision, which encourages the parties to fully participate in the prelitigation hearing and evaluate the strengths and weaknesses of the claim without fear of giving the opposing party an advantage in…”
Robertson v. IHC Health Servs. (D. Utah 2022). · cites it 2× “§ 78B-3-402(3). The Act first requires plaintiffs to give prospective defendants ninety days’ notice of intent to commence the action.”
— Utah Code § 78B-3-402(1) — 1 case
Bingham v. Gourley, 2024 UT 38 (Utah 2024). “” In so concluding, the court expressly cited and deferred to the legislature’s findings about the crisis, which are codified at Utah Code section 78B-3-402. Among other things, the legislature found that rising malpractice claims, judgments, and settlements “substantially…”
— Utah Code § 78B-3-402(2) — 1 case
Bingham v. Gourley, 2024 UT 38 (Utah 2024). “” In so concluding, the court expressly cited and deferred to the legislature’s findings about the crisis, which are codified at Utah Code section 78B-3-402. Among other things, the legislature found that rising malpractice claims, judgments, and settlements “substantially…”
— Utah Code § 78B-3-402(3) — 3 cases
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “” UTAH CODE § 78B-3-402. These terms have been included since the Act was adopted in 1976.”
Bingham v. Gourley, 2024 UT 38 (Utah 2024). “” In so concluding, the court expressly cited and deferred to the legislature’s findings about the crisis, which are codified at Utah Code section 78B-3-402. Among other things, the legislature found that rising malpractice claims, judgments, and settlements “substantially…”
Robertson v. IHC Health Servs. (D. Utah 2022). “§ 78B-3-402(3). The Act first requires plaintiffs to give prospective defendants ninety days’ notice of intent to commence the action.”
— Utah Code § 78B-3-402(8) — 1 case
Coroles v. State, 2015 UT 48 (Utah 2015). “§ 78B-3-402(8). To this end, the Malpractice Act contains a confidentiality provision, which encourages the parties to fully participate in the prelitigation hearing and evaluate the strengths and weaknesses of the claim without fear of giving the opposing party an advantage in…”
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