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

Utah Code § 78B-3-410 (2026)

Limitation of award of noneconomic damages and economic damages in malpractice actions

✓ current as of May 2026
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Subject to Subsection (3), an injured plaintiff in a malpractice action against a health care provider may only recover noneconomic losses to compensate for pain, suffering, and inconvenience. The amount of damages awarded for noneconomic loss may not exceed:
for a cause of action arising before July 1, 2001, $250,000;
for a cause of action arising on or after July 1, 2001 and before July 1, 2002, the limitation is adjusted for inflation to $400,000;
for a cause of action arising on or after July 1, 2002, and before May 15, 2010 the $400,000 limitation described in Subsection (1)(b) shall be adjusted for inflation as provided in Subsection (2); and
for a cause of action arising on or after May 15, 2010, $450,000.
Beginning July 1, 2002 and each July 1 thereafter until July 1, 2009, the limit for damages under Subsection (1)(c) shall be adjusted for inflation by the Administrative Office of the Courts.
The amount resulting from Subsection (2)(a) shall:
be rounded to the nearest $10,000; and
apply to a cause of action arising on or after the date the annual adjustment is made.
As used in this section, "inflation" means the seasonally adjusted consumer price index for all urban consumers as published by the Bureau of Labor Statistics of the United States Department of Labor.
The limit under Subsection (1) does not apply to awards of punitive damages.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2010–2024 · leading case: Peng v. Meeks, 2024 UT 5 (Utah 2024).
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Peng v. Meeks, 2024 UT 5 (Utah 2024). · cites it 6× “UTAH CODE § 78B-3-410. The Act provides that “an injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience,” but “[t]he amount of damages awarded for noneconomic loss may not exceed .”
Lebron v. Gottlieb Mem'l Hosp., 930 N.E.2d 895 (Ill. 2010). “301 (Vernon 2009) ($250,000 to $500,000 cap); Utah Code Ann. § 78B-3-410 (2008) ($400,000 cap beginning July 1, 2002, plus yearly inflation adjustment); W.”
Smith v. United States, 2015 UT 68 (Utah 2015). · cites it 20× “6 That court certified two questions to us: (1) Does the limitation on a plaintiffs recovery of noneconomic damages in Utah Code Ann. § 78B-3-410 apply to claims alleging wrongful death caused by medical malpractice? (2) If the answer to Question No.”
Robinson v. Paul Ray Taylor, M.D., 2015 UT 69 (Utah 2015). · cites it 2× “Taylor also challenges the trial court’s decision allowing the jury to consider punitive damages and its refusal to apply the health care malpractice damages cap to the jury award.”
Robinson v. Paul Ray Taylor, M.D., 2015 UT 69 (Utah 2015). “Taylor also challenges the trial court’s decision allowing the jury to consider punitive damages and its refusal to apply the health care malpractice damages cap to the jury award.”
Robinson v. Paul Ray Taylor, M.D., 2015 UT 69 (Utah 2015). “Taylor also challenges the trial court’s decision allowing the jury to consider punitive damages and its refusal to apply the health care malpractice damages cap to the jury award.”
— Utah Code § 78B-3-410(1) — 2 cases
Peng v. Meeks, 2024 UT 5 (Utah 2024). “UTAH CODE § 78B-3-410. The Act provides that “an injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience,” but “[t]he amount of damages awarded for noneconomic loss may not exceed .”
Smith v. United States, 2015 UT 68 (Utah 2015). “6 That court certified two questions to us: (1) Does the limitation on a plaintiffs recovery of noneconomic damages in Utah Code Ann. § 78B-3-410 apply to claims alleging wrongful death caused by medical malpractice? (2) If the answer to Question No.”
— Utah Code § 78B-3-410(1)(d) — 1 case
Peng v. Meeks, 2024 UT 5 (Utah 2024). “UTAH CODE § 78B-3-410. The Act provides that “an injured plaintiff may recover noneconomic losses to compensate for pain, suffering, and inconvenience,” but “[t]he amount of damages awarded for noneconomic loss may not exceed .”
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