78B-3-404 - Statute of limitations -- Exceptions -- Application. - Utah Statutes

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78B-3-404. Statute of limitations -- Exceptions -- Application.
(1) A malpractice action against a health care provider shall be commenced within twoyears after the plaintiff or patient discovers, or through the use of reasonable diligence shouldhave discovered the injury, whichever first occurs, but not to exceed four years after the date ofthe alleged act, omission, neglect, or occurrence.
(2) Notwithstanding Subsection (1):
(a) in an action where the allegation against the health care provider is that a foreignobject has been wrongfully left within a patient's body, the claim shall be barred unlesscommenced within one year after the plaintiff or patient discovers, or through the use ofreasonable diligence should have discovered, the existence of the foreign object wrongfully leftin the patient's body, whichever first occurs; or
(b) in an action where it is alleged that a patient has been prevented from discoveringmisconduct on the part of a health care provider because that health care provider hasaffirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be barredunless commenced within one year after the plaintiff or patient discovers, or through the use ofreasonable diligence, should have discovered the fraudulent concealment, whichever first occurs.
(3) The limitations in this section shall apply to all persons, regardless of minority orother legal disability under Section 78B-2-108 or any other provision of the law.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-404

78B-3-404. Statute of limitations -- Exceptions -- Application.
(1) A malpractice action against a health care provider shall be commenced within twoyears after the plaintiff or patient discovers, or through the use of reasonable diligence shouldhave discovered the injury, whichever first occurs, but not to exceed four years after the date ofthe alleged act, omission, neglect, or occurrence.
(2) Notwithstanding Subsection (1):
(a) in an action where the allegation against the health care provider is that a foreignobject has been wrongfully left within a patient's body, the claim shall be barred unlesscommenced within one year after the plaintiff or patient discovers, or through the use ofreasonable diligence should have discovered, the existence of the foreign object wrongfully leftin the patient's body, whichever first occurs; or
(b) in an action where it is alleged that a patient has been prevented from discoveringmisconduct on the part of a health care provider because that health care provider hasaffirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be barredunless commenced within one year after the plaintiff or patient discovers, or through the use ofreasonable diligence, should have discovered the fraudulent concealment, whichever first occurs.
(3) The limitations in this section shall apply to all persons, regardless of minority orother legal disability under Section 78B-2-108 or any other provision of the law.

Renumbered and Amended by Chapter 3, 2008 General Session

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-404

78B-3-404. Statute of limitations -- Exceptions -- Application.
(1) A malpractice action against a health care provider shall be commenced within twoyears after the plaintiff or patient discovers, or through the use of reasonable diligence shouldhave discovered the injury, whichever first occurs, but not to exceed four years after the date ofthe alleged act, omission, neglect, or occurrence.
(2) Notwithstanding Subsection (1):
(a) in an action where the allegation against the health care provider is that a foreignobject has been wrongfully left within a patient's body, the claim shall be barred unlesscommenced within one year after the plaintiff or patient discovers, or through the use ofreasonable diligence should have discovered, the existence of the foreign object wrongfully leftin the patient's body, whichever first occurs; or
(b) in an action where it is alleged that a patient has been prevented from discoveringmisconduct on the part of a health care provider because that health care provider hasaffirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be barredunless commenced within one year after the plaintiff or patient discovers, or through the use ofreasonable diligence, should have discovered the fraudulent concealment, whichever first occurs.
(3) The limitations in this section shall apply to all persons, regardless of minority orother legal disability under Section 78B-2-108 or any other provision of the law.

Renumbered and Amended by Chapter 3, 2008 General Session