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

Utah Code § 78B-3-412 (2026)

Notice of intent to commence action

✓ current as of May 2026
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A malpractice action against a health care provider may not be initiated unless and until the plaintiff:
gives the prospective defendant or his executor or successor, at least 90 days' prior notice of intent to commence an action; and
except for an action against a dentist or a dental care provider, the plaintiff receives a certificate of compliance from the division in accordance with Section 78B-3-418.
The notice shall include:
a general statement of the nature of the claim;
the persons involved;
the date, time, and place of the occurrence;
the circumstances surrounding the claim;
specific allegations of misconduct on the part of the prospective defendant; and
the nature of the alleged injuries and other damages sustained.
Notice may be in letter or affidavit form executed by the plaintiff or his attorney. Service shall be accomplished by persons authorized and in the manner prescribed by the Utah Rules of Civil Procedure for the service of the summons and complaint in a civil action or by certified mail, return receipt requested, in which case notice shall be considered served on the date of mailing.
Notice shall be served within the time allowed for commencing a malpractice action against a health care provider. If the notice is served less than 90 days prior to the expiration of the applicable time period, the time for commencing the malpractice action against the health care provider shall be extended to 120 days from the date of service of notice.
This section shall, for purposes of determining its retroactivity, not be construed as relating to the limitation on the time for commencing any action, and shall apply only to causes of action arising on or after April 1, 1976. This section shall not apply to third party actions, counterclaims or crossclaims against a health care provider.
Notes of Decisions
Cited in 17 cases (7 in the last 5 years), 2015–2025 · leading case: Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019).
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Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019). · cites it 11× “” UTAH CODE § 78B-3-412(1). Once a plaintiff files a notice of intent, DOPL then has 180 days to complete a preligitation panel review of the plaintiff’s claims.”
Noor v. State, 2019 UT 3 (Utah 2019). · cites it 7× “But the Behrens court looked only at whether there were different acts of misconduct for purposes of the notice of intent to sue, a prerequisite to sue a healthcare provider under the predecessor to Utah Code section 78B-3-412. That statute states that a plaintiff must provide a…”
Jensen v. Intermountain Healthcare, Inc., 2018 UT 27 (Utah 2018). · cites it 3× “" UTAH CODE § 78B-3-412(1)(a). This notice must be sent to the prospective defendant and must include "(a) a general statement of the nature of the claim; (b) the persons involved; (c) the date, time, and place of the occurrence; (d) the circumstances surrounding the claim; (e)…”
Coroles v. State, 2015 UT 48 (Utah 2015). · cites it 3× “Utax Cop § 78B-3-412(1). First, the plaintiff must serve all defendants with a "notice of intent to commence an action" at least ninety days before filing the lawsuit.”
Jensen v. IHC Health Servs., 2020 UT 57 (Utah 2020). · cites it 4× “And on March 21, 2014, Jensen served the defendants with notice of his intent to commence an action pursuant to Utah Code section 78B-3-412(1)(a). Jensen received a certificate of compliance from the Division of Occupational and Professional Licensing (DOPL), as was required at…”
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). · cites it 2× “§ 78B-3-412. Second, plaintiffs must present their case to a prelitigation panel, id.”
Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). · cites it 4× “§ 78B-3-412(1)(a) (LexisNexis 2012). Several weeks later, on July 17, 2015, the Schlegers took the next step in the claims-review process by submitting a formal request for prelitigation panel review to the Utah Division of Occupational and Professional Licensing (the Division).”
Aguila v. Planned Parenthood of Utah, 2023 UT App 49 (Utah Ct. App. 2023). · cites it 2× “See Utah Code § 78B-3-412(1)(a) (“A malpractice action against a health care provider may not be initiated unless and until the plaintiff .”
Wall v. Tanner Clinic, 691 F. App'x 525 (10th Cir. 2017). “In his response to those motions, Wall complained that a similar lawsuit he previously filed in state court was dismissed for failure to comply with the Utah Health Care Malpractice Act, Utah Code § 78B-3-412. Related to these complaints, he referenced his right to due process…”
Jane Does v. Broadbent, 2024 UT 31 (Utah 2024). · cites it 3× “(Utah 2022) (amending Utah Code section 78B-3-412); H.B. 201, 65th Leg., 2023 Gen.”
E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024). · cites it 2× “See Utah Code § 78B-3-412(1)(a) (requiring plaintiffs suing for medical malpractice to give “the prospective defendant” 90 days’ notice of a lawsuit).”
Robertson v. IHC Health Servs. (D. Utah 2022). · cites it 4× “§ 78B-3-412(1)(a). Then, plaintiffs must present their case to a prelitigation panel which determines whether the claims have “merit” or “no merit.”
Show all 17 citing cases →
— Utah Code § 78B-3-412(1) — 5 cases
Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019). “” UTAH CODE § 78B-3-412(1). Once a plaintiff files a notice of intent, DOPL then has 180 days to complete a preligitation panel review of the plaintiff’s claims.”
Coroles v. State, 2015 UT 48 (Utah 2015). “Utax Cop § 78B-3-412(1). First, the plaintiff must serve all defendants with a "notice of intent to commence an action" at least ninety days before filing the lawsuit.”
Bright v. Sorensen, 2020 UT 7 (Utah 2020).
Goodridge v. Diamond Ranch Academy (D. Utah 2025).
Coroles v. State, 2015 UT 48 (Utah 2015).
— Utah Code § 78B-3-412(1)(a) — 11 cases
Jensen v. Intermountain Healthcare, Inc., 2018 UT 27 (Utah 2018). “" UTAH CODE § 78B-3-412(1)(a). This notice must be sent to the prospective defendant and must include "(a) a general statement of the nature of the claim; (b) the persons involved; (c) the date, time, and place of the occurrence; (d) the circumstances surrounding the claim; (e)…”
Jensen v. IHC Health Servs., 2020 UT 57 (Utah 2020). “And on March 21, 2014, Jensen served the defendants with notice of his intent to commence an action pursuant to Utah Code section 78B-3-412(1)(a). Jensen received a certificate of compliance from the Division of Occupational and Professional Licensing (DOPL), as was required at…”
Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019). “” UTAH CODE § 78B-3-412(1). Once a plaintiff files a notice of intent, DOPL then has 180 days to complete a preligitation panel review of the plaintiff’s claims.”
Aguila v. Planned Parenthood of Utah, 2023 UT App 49 (Utah Ct. App. 2023). “See Utah Code § 78B-3-412(1)(a) (“A malpractice action against a health care provider may not be initiated unless and until the plaintiff .”
Coroles v. State, 2015 UT 48 (Utah 2015). “Utax Cop § 78B-3-412(1). First, the plaintiff must serve all defendants with a "notice of intent to commence an action" at least ninety days before filing the lawsuit.”
— Utah Code § 78B-3-412(1)(b) — 6 cases
Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019). “” UTAH CODE § 78B-3-412(1). Once a plaintiff files a notice of intent, DOPL then has 180 days to complete a preligitation panel review of the plaintiff’s claims.”
Jensen v. IHC Health Servs., 2020 UT 57 (Utah 2020). “And on March 21, 2014, Jensen served the defendants with notice of his intent to commence an action pursuant to Utah Code section 78B-3-412(1)(a). Jensen received a certificate of compliance from the Division of Occupational and Professional Licensing (DOPL), as was required at…”
Coroles v. State, 2015 UT 48 (Utah 2015). “Utax Cop § 78B-3-412(1). First, the plaintiff must serve all defendants with a "notice of intent to commence an action" at least ninety days before filing the lawsuit.”
Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). “§ 78B-3-412(1)(a) (LexisNexis 2012). Several weeks later, on July 17, 2015, the Schlegers took the next step in the claims-review process by submitting a formal request for prelitigation panel review to the Utah Division of Occupational and Professional Licensing (the Division).”
Robertson v. IHC Health Servs. (D. Utah 2022). “§ 78B-3-412(1)(a). Then, plaintiffs must present their case to a prelitigation panel which determines whether the claims have “merit” or “no merit.”
— Utah Code § 78B-3-412(2)(e) — 1 case
Noor v. State, 2019 UT 3 (Utah 2019). “But the Behrens court looked only at whether there were different acts of misconduct for purposes of the notice of intent to sue, a prerequisite to sue a healthcare provider under the predecessor to Utah Code section 78B-3-412. That statute states that a plaintiff must provide a…”
— Utah Code § 78B-3-412(4) — 1 case
Jensen v. Intermountain Healthcare, Inc., 2018 UT 27 (Utah 2018). “" UTAH CODE § 78B-3-412(1)(a). This notice must be sent to the prospective defendant and must include "(a) a general statement of the nature of the claim; (b) the persons involved; (c) the date, time, and place of the occurrence; (d) the circumstances surrounding the claim; (e)…”
— Utah Code § 78B-3-412(a) — 1 case
Russell Nelson v. Intermountain Healthcare (D. Utah 2025).
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