Utah Code § 78B-3-404

Statute of limitations -- Exceptions -- Application
Open in Lexace · Ask the AI about this section
(1) A malpractice action against a health care provider shall be commenced within two years
after the plaintiff or patient discovers, or through the use of reasonable diligence should have
discovered the injury, whichever first occurs, but not to exceed four years after the date of the
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 foreign object has
been wrongfully left within a patient's body, the claim shall be barred unless commenced
within one year after the plaintiff or patient discovers, or through the use of reasonable
diligence should have discovered, the existence of the foreign object wrongfully left in the
patient's body, whichever first occurs; or
(b) in an action where it is alleged that a patient has been prevented from discovering misconduct
on the part of a health care provider because that health care provider has affirmatively acted
to fraudulently conceal the alleged misconduct, the claim shall be barred unless commenced
within one year after the plaintiff or patient discovers, or through the use of reasonable
diligence, should have discovered the fraudulent concealment, whichever first occurs.

‹ Prev All Utah sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.