Utah Code

Utah Code § 78B-3-418 (2026)

Opinion and recommendations of panel

✓ current as of May 2026

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The prelitigation review panel shall issue an opinion and the division shall issue a certificate of compliance with the prelitigation requirements of this part in accordance with this section.

A certificate of compliance issued in accordance with this section is proof that the claimant has met all conditions precedent under this section to commencing litigation.

The panel shall render an opinion in writing not later than 30 days after the day on which the panel review concludes, and determine on the basis of the evidence whether:

each claim against each health care provider has merit or has no merit; and

if a claim is deemed meritorious under Subsection (2)(a)(i), the conduct complained of resulted in harm to the claimant.

There is no judicial or other review or appeal of the panel's opinion under Subsection (2)(a).

The division shall issue a certificate of compliance to the claimant, for each respondent named in the notice of intent to file a claim under this part, if:

for a named respondent, the panel issues an opinion under Subsection (2)(a);

the claimant has complied with the provisions of Subsections 78B-3-416(4)(c) and (d); or

the parties submitted a stipulation under Subsection 78B-3-416(4)(e).

Notes of Decisions

Cited in 8 cases (4 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 5× “” UTAH CODE § 78B-3-418(2)(a). Based on this proceeding the panel renders an opinion on the claimant’s case.”

Jensen v. Intermountain Healthcare, Inc., 2018 UT 27 (Utah 2018). “§ 78B-3-418(1)(a). After receipt of the certificate, a plaintiff can properly file the lawsuit.”

Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “§ 78B-3-418(2).9 Third, plaintiffs must file their complaint within the Act’s two-year statute of limitations, unless one of the exceptions applies.”

Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). · cites it 3× “§ 78B-3-418(1)(a)-(b). With that, the Division documented that it had finished its review and that the HCMA's prelitigation claims-review process was complete, leaving the Schlegers free to sue on their malpractice claim.”

Coroles v. State, 2015 UT 48 (Utah 2015). “§ 78B-3-418(2)-(8); see also id. §§ T8B-3-416(8)(c)-(e), -423(2)-(B).”

Goodridge v. Diamond Ranch Academy (D. Utah 2025). · cites it 8× “Chamberlain, the Utah Supreme Court clarified section 78B-3-416(1)(d): “The plain language of the [Utah Health Care Malpractice Act], common law notions of confidential and privileged communications, and policy considerations all dictate that the protections afforded by the…”

Jane Does v. Broadbent, 2024 UT 31 (Utah 2024). “¶29 The Act defines a “malpractice action against a health care provider” as “any action against a health care provider, whether in contract, tort, breach of warranty, wrongful death, or otherwise, based upon alleged personal injuries relating to or arising out of health care…”

Robertson v. IHC Health Servs. (D. Utah 2022). · cites it 2× “tolls the applicable statute of limitations until the later of: (i) 60 days following the division’s issuance of: (A) an opinion by the prelitigation panel; or (B) a certificate of compliance under Section 78B-3-418; or (ii) the expiration of the time for holding a hearing under…”

— Utah Code § 78B-3-418(1)(a) — 2 cases

Jensen v. Intermountain Healthcare, Inc., 2018 UT 27 (Utah 2018). “§ 78B-3-418(1)(a). After receipt of the certificate, a plaintiff can properly file the lawsuit.”

Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). “§ 78B-3-418(1)(a)-(b). With that, the Division documented that it had finished its review and that the HCMA's prelitigation claims-review process was complete, leaving the Schlegers free to sue on their malpractice claim.”

— Utah Code § 78B-3-418(2) — 2 cases

Coroles v. State, 2015 UT 48 (Utah 2015). “§ 78B-3-418(2)-(8); see also id. §§ T8B-3-416(8)(c)-(e), -423(2)-(B).”

— Utah Code § 78B-3-418(2)(a) — 3 cases

Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019). “” UTAH CODE § 78B-3-418(2)(a). Based on this proceeding the panel renders an opinion on the claimant’s case.”

Goodridge v. Diamond Ranch Academy (D. Utah 2025). “Chamberlain, the Utah Supreme Court clarified section 78B-3-416(1)(d): “The plain language of the [Utah Health Care Malpractice Act], common law notions of confidential and privileged communications, and policy considerations all dictate that the protections afforded by the…”

— Utah Code § 78B-3-418(2)(a)(i) — 2 cases

Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019). “” UTAH CODE § 78B-3-418(2)(a). Based on this proceeding the panel renders an opinion on the claimant’s case.”

— Utah Code § 78B-3-418(2)(b) — 1 case

Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019). “” UTAH CODE § 78B-3-418(2)(a). Based on this proceeding the panel renders an opinion on the claimant’s case.”

— Utah Code § 78B-3-418(3)(a) — 2 cases

Vega v. Jordan Valley Med., 2019 UT 35 (Utah 2019). “” UTAH CODE § 78B-3-418(2)(a). Based on this proceeding the panel renders an opinion on the claimant’s case.”

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