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''Malpractice action against a health care provider' means 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 rendered or which should have been rendered by the health care ...
Utah Code section 78B-3-412 mandates that the patient provides each health care provider with 90 days' notice of the intent to file a lawsuit before an injured patient is able to file a medical malpractice suit. This notice is required to include certain details established in the statute.
There is not a cap on economic damages ? such as lost income, medical costs, and other losses that can be easily calculated. However, there is a cap on non-economic damages ? such as compensation for pain and suffering. These are capped in the state of Utah at $450,000.
The statute of limitations for medical malpractice cases is generally two years from the date of the injury, or from when the injury should have been discovered. There is also a statute of repose in Utah that applies to medical malpractice cases, which is different from the statute of limitations.
A: In California, medical malpractice suits are the only type of personal injury case for which non-economic damages are capped. This cap is set at $250,000.