Contact your West Valley City lawyer
Contact your Salt Lake City lawyer

Statute of Limitations

Medical malpractice actions must be commenced within two years of the date of the act or omission giving rise to the claim

Comparative or contributory negligence

modified comparative negligence, whereby the plaintiff's claim is barred if his negligence equals or exceeds that of the defendants.

Nature of accused's liability

Utah has abolished joint and several liability, each defendant is liable for damages in an amount proportionate to that defendant's degree of fault.

Law of contribution

N/A

Expert testimony standards

Utah does not impose special restrictions on expert witness testimony

Limits on compensation

Non-economic damages in medical malpractice cases are limited to around $430,000 - this amount is reviewed in line with inflation every year.

Limits on attorney fees

Fees are limited to 1/3 of recovery.

Collateral Source rule enforced

mandatory offset for collateral source payments, except where subrogation rights exist

State and local health care providers immune from liabaility

Utah generally waives immunity in medical malpractice cases.

Select Your State

Select Your State

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Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability