(1) For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Section 78B-3-403. (2) This section does not apply to a health care malpractice action brought or seeking recovery under Section 78B-3-106, 78B-3-107, 78B-3-502, or 81-3-111. (3) To establish a malpractice action against a health care provider, a nonpatient plaintiff shall be required to show that: (a) the health care provider owes a duty to the nonpatient plaintiff; (b) the nonpatient plaintiff suffered a foreseeable injury; (c) the nonpatient plaintiff's injury was proximately caused by an act or omission of the health care provider; and (d) the health care provider's act or omission was conduct that manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.
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