Utah Code
Utah Code § 78B-3-426 (2026)
Nonpatient plaintiffs
✓ current as of May 2026
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For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Section 78B-3-403.
This section does not apply to a health care malpractice action brought or seeking recovery under Section 78B-3-106, 78B-3-107, 78B-3-502, or 81-3-111.
To establish a malpractice action against a health care provider, a nonpatient plaintiff shall be required to show that:
the health care provider owes a duty to the nonpatient plaintiff;
the nonpatient plaintiff suffered a foreseeable injury;
the nonpatient plaintiff's injury was proximately caused by an act or omission of the health care provider; and
the health care provider's act or omission was conduct that manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2018–2021 · leading case: Mower v. Childrens Ctr, 2018 UT 29 (Utah 2018).
Mower v. Childrens Ctr, 2018 UT 29 (Utah 2018). “manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff." This section doesn't apply in this case because it came into effect after Mr.”
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “See UTAH CODE § 78B-3-426(3)(c) (requiring a “nonpatient plaintiff” to show their “injury was proximately caused by an act or omission of the health care provider” (emphasis added)).”
— Utah Code § 78B-3-426(3) — 1 case
Mower v. Childrens Ctr, 2018 UT 29 (Utah 2018). “manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff." This section doesn't apply in this case because it came into effect after Mr.”
— Utah Code § 78B-3-426(3)(c) — 1 case
Scott v. Wingate Wilderness Therapy, 2021 UT 28 (Utah 2021). “See UTAH CODE § 78B-3-426(3)(c) (requiring a “nonpatient plaintiff” to show their “injury was proximately caused by an act or omission of the health care provider” (emphasis added)).”
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