Utah law
Medical Malpractice Laws in Utah.
Utah requires a prelitigation panel review before filing a medical malpractice lawsuit. The statute of limitations is 2 years from discovery with a hard 4-year statute of repose. Noneconomic damages are capped at $450,000. A 90-day notice of intent is required before commencing an action. Expert testimony is effectively required through the prelitigation process and certificate of compliance.
Last verified: 2026-02-25
State law
Statute of Limitations
A medical malpractice action must be filed within 2 years of when the patient discovers or should have discovered the injury. Regardless of discovery, no action may be brought more than 4 years after the date of the alleged malpractice (statute of repose).
Exceptions
The 4-year statute of repose does not bar claims alleging that a foreign object was wrongfully left inside a patient's body.
If the health care provider affirmatively concealed the alleged misconduct, the claim must be brought within 1 year after the plaintiff discovers or should have discovered the fraudulent concealment.
State law
Damage Caps
Noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life) are capped at $450,000 for malpractice actions arising after May 15, 2010. No cap on economic damages (medical bills, lost wages).
State law
Filing Requirements
Before filing a medical malpractice lawsuit, the patient must give each health care provider 90 days' written notice of intent. The notice must include the date, time, and place of the alleged injury, identification of all providers involved, and specific allegations of misconduct.
The plaintiff must file a request for prelitigation panel review within 60 days after serving the notice of intent. The panel consists of a lawyer, a licensed health care provider, and a lay member. The panel's decision is nonbinding, but filing tolls the statute of limitations until 60 days after the panel issues its opinion.
Through the prelitigation process, plaintiffs must obtain a certificate of compliance supported by expert review. Without expert support confirming the standard of care was breached, most claims cannot proceed through the prelitigation panel or into court.
State law
Key Utah Statutes
The comprehensive framework governing medical malpractice claims in Utah, including prelitigation requirements, damage caps, statute of limitations, and the standard of proof required for negligence claims against health care providers.
In malpractice actions, the court shall reduce the damage award by the total of all collateral sources (insurance payments, etc.) available to the plaintiff, except where a subrogation right exists for those collateral sources.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Utah.
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