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

Utah Code § 78B-3-404

Statute of limitations -- Exceptions -- Application

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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 Subsection (1):
in an action where the allegation against the health care provider is that a foreign object has been wrongfully left within a patient's body, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered, the existence of the foreign object wrongfully left in the patient's body, whichever first occurs; or
in an action where it is alleged that a patient has been prevented from discovering misconduct on the part of a health care provider because that health care provider has affirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence, should have discovered the fraudulent concealment, whichever first occurs.
Notes of Decisions
Cited in 20 cases (8 in the last 5 years), 2009–2026 · leading case: Jensen v. Intermountain Healthcare, Inc.
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Jensen v. Intermountain Healthcare, Inc. (2018) utah · cites it 24× “Utah Code section 78B-3-404 reads, including the title: Statute of limitations-Exceptions-Application (1) 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…”
Bingham v. Gourley (2024) utah · cites it 27× “See UTAH CODE § 78B-3-404(1). The statute requires a plaintiff to commence an action covered by the Malpractice Act “within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs,…”
Daniels v. Gamma West Brachytherapy, LLC (2009) utah · cites it 2× “" Utah Code Ann. § 78B-3-404(1) (2008) (emphasis added).”
Scott v. Wingate Wilderness Therapy (2021) utah · cites it 2× “Similarly, the Act’s statute of limitations and notice requirements apply to any “malpractice action against a health care provider,” see UTAH CODE § 78B-3-404; id. § 78B-3-412, while the prelitigation “medical review panel” hearing requirements apply to “medical liability cases…”
Arnold v. Grigsby (2018) utah “" UTAH CODE § 78B-3-404(1). 3 ¶ 13 The focal issue in this appeal is whether the jury's determination that Ms.”
Bright v. Sorensen (2020) utah · cites it 38× “Citing the Act’s two-year limitations period and its four-year repose period, UTAH CODE § 78B-3-404, defendants asserted that the claims were time-barred given that the latest surgery was performed in 2011 and the lawsuits weren’t filed until 2017.”
Arnold v. Grigsby (2010) utahctapp · cites it 4× “See Utah Code Ann. § 78B-3-404 amend. notes (2008).”
Roth v. Joseph (2010) utahctapp · cites it 4× “" Utah Code Ann. § 78B-3-404(1) (2008). However, "a plaintiff has not discovered his injury until he is aware that negligence may have caused the injury.”
Jensen v. IHC Health Services (2020) utah · cites it 2× “” UTAH CODE § 78B-3-404(1). In Foil v. Ballinger, we interpreted the word “injury” to encompass both “discovery of injury and the negligence which resulted in the injury.”
Lee v. Williams (2018) utahctapp · cites it 2× “¶30 Under the Utah Health Care Malpractice Act (the Malpractice Act), "[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…”
Arnold v. White (2012) utah · cites it 2× “Urag Cope § 78B-3-404(1). Although this statute has been renumbered since the underlying facts of this case occurred, because the relevant language was not changed, we cite to the current version of the code for convenience.”
Riggs v. Georgia-Pacific LLC (2015) utah “Compare Urag Cope § 78B-3-404(1) ("A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or .”
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— Utah Code § 78B-3-404(1) — 16 cases
Bingham v. Gourley (2024) utah “See UTAH CODE § 78B-3-404(1). The statute requires a plaintiff to commence an action covered by the Malpractice Act “within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs,…”
Jensen v. Intermountain Healthcare, Inc. (2018) utah “Utah Code section 78B-3-404 reads, including the title: Statute of limitations-Exceptions-Application (1) 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…”
Daniels v. Gamma West Brachytherapy, LLC (2009) utah “" Utah Code Ann. § 78B-3-404(1) (2008) (emphasis added).”
Arnold v. Grigsby (2018) utah “" UTAH CODE § 78B-3-404(1). 3 ¶ 13 The focal issue in this appeal is whether the jury's determination that Ms.”
Roth v. Joseph (2010) utahctapp “" Utah Code Ann. § 78B-3-404(1) (2008). However, "a plaintiff has not discovered his injury until he is aware that negligence may have caused the injury.”
— Utah Code § 78B-3-404(2) — 2 cases
Jensen v. Intermountain Healthcare, Inc. (2018) utah “Utah Code section 78B-3-404 reads, including the title: Statute of limitations-Exceptions-Application (1) 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…”
Bright v. Sorensen (2020) utah “Citing the Act’s two-year limitations period and its four-year repose period, UTAH CODE § 78B-3-404, defendants asserted that the claims were time-barred given that the latest surgery was performed in 2011 and the lawsuits weren’t filed until 2017.”
— Utah Code § 78B-3-404(2)(a) — 2 cases
Bingham v. Gourley (2024) utah “See UTAH CODE § 78B-3-404(1). The statute requires a plaintiff to commence an action covered by the Malpractice Act “within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs,…”
Bright v. Sorensen (2020) utah “Citing the Act’s two-year limitations period and its four-year repose period, UTAH CODE § 78B-3-404, defendants asserted that the claims were time-barred given that the latest surgery was performed in 2011 and the lawsuits weren’t filed until 2017.”
— Utah Code § 78B-3-404(2)(b) — 1 case
Bright v. Sorensen (2020) utah “Citing the Act’s two-year limitations period and its four-year repose period, UTAH CODE § 78B-3-404, defendants asserted that the claims were time-barred given that the latest surgery was performed in 2011 and the lawsuits weren’t filed until 2017.”
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