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

Utah Code § 78B-3-404 (2026)

Statute of limitations -- Exceptions -- Application

✓ current as of May 2026
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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., 2018 UT 27 (Utah 2018).
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Jensen v. Intermountain Healthcare, Inc., 2018 UT 27 (Utah 2018). · 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 UT 38 (Utah 2024). · 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 UT 66 (Utah 2009). · cites it 2× “" Utah Code Ann. § 78B-3-404(1) (2008) (emphasis added).”
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). · 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 UT 14 (Utah 2018). “" UTAH CODE § 78B-3-404(1). 3 ¶ 13 The focal issue in this appeal is whether the jury's determination that Ms.”
Arnold v. Grigsby, 2010 UT App 226 (Utah Ct. App. 2010). · cites it 4× “See Utah Code Ann. § 78B-3-404 amend. notes (2008).”
Roth v. Joseph, 2010 UT App 332 (Utah Ct. App. 2010). · 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 Servs., 2020 UT 57 (Utah 2020). · 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 UT App 54 (Utah Ct. App. 2018). · 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, 289 P.3d 449 (Utah 2012). · 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-Pac. LLC, 2015 UT 17 (Utah 2015). “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 .”
Shell v. Intermountain Health Servs., 2022 UT App 70 (Utah Ct. App. 2022). · cites it 2× “The complaint contains no allegations regarding what happened after the police arrived. 3. The Act requires that certain procedural steps be taken before a lawsuit can be filed against a health care provider.”
Show all 20 citing cases →
— Utah Code § 78B-3-404(1) — 16 cases
Bingham v. Gourley, 2024 UT 38 (Utah 2024). “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 UT 27 (Utah 2018). “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 UT 66 (Utah 2009). “" Utah Code Ann. § 78B-3-404(1) (2008) (emphasis added).”
Arnold v. Grigsby, 2018 UT 14 (Utah 2018). “" 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 UT App 332 (Utah Ct. App. 2010). “" 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 UT 27 (Utah 2018). “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 UT 7 (Utah 2020).
— Utah Code § 78B-3-404(2)(a) — 2 cases
Bingham v. Gourley, 2024 UT 38 (Utah 2024). “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 UT 7 (Utah 2020).
— Utah Code § 78B-3-404(2)(b) — 1 case
Bright v. Sorensen, 2020 UT 7 (Utah 2020).
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