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

Utah Code § 78B-3-407 (2026)

Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child

✓ laws through the 2026 General Session (checked Sept. 2026)
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A malpractice action against a health care provider may not be brought on the basis of the consequences resulting from the refusal of a child's parent or guardian to consent to the child's health care, if:
the health care is recommended by the health care provider;
the parent or guardian is provided with sufficient information to make an informed decision regarding the recommendation of the health care provider; and
the consent of the parent or guardian is required by law before the health care may be administered.
The sole purpose of this section is to prohibit a malpractice action against a health care provider under the circumstances set forth by this section. This section may not be construed to:
create a new cause of action;
expand an existing cause of action;
impose a new duty on a health care provider; or
expand an existing duty of a health care provider.

Renumbered and Amended by Chapter 3, 2008 General Session

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Smith v. United States, 2015 UT 68, 356 P.3d 1249.
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Smith v. United States, 2015 UT 68, 356 P.3d 1249. “§ 78B-3-407(1) (prohibiting malpractice actions "brought on the basis of the consequences resulting from the refusal of a child's parent or guardian to consent to the child's health care"); id.”
Utah Code § 78B-3-407(1): 1 case
Smith v. United States, 2015 UT 68, 356 P.3d 1249. “§ 78B-3-407(1) (prohibiting malpractice actions "brought on the basis of the consequences resulting from the refusal of a child's parent or guardian to consent to the child's health care"); id.”
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