Utah Medical Candor Act
Proposed legislation in Utah would enact the Utah Medical Candor Act (“Act”). The Act creates a medical candor process where a health care provider may investigate an injury, or suspected injury, associated with a health care process and may communicate…
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Utah Supreme Court Says IME Doctor Owed No Duty To Injured Worker
The Supreme Court of the State of Utah (“Utah Supreme Court”) held in its opinion filed on August 5, 2021: “The aftermath of a vehicle accident that left appellant, Jeremy Kirk, with numerous injuries leads us to contemplate whether a…
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Utah Supreme Court Says Climbing Injury During Wilderness Hike Was Medical Malpractice Claim
The Supreme Court of the State of Utah (“Utah Supreme Court”) held in its opinion dated July 9, 2021, “We conclude that an injury sustained while climbing a rock formation during a “wilderness therapy” excursion can, depending on the circumstances,…
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Utah Supreme Court Affirms Viability Of Fraudulent Concealment Medical Malpractice Claim
The Supreme Court of the State of Utah (“Utah Supreme Court”) held in its opinion dated February 18, 2020: “We affirm the denial of defendants’ motions to dismiss. In so doing we conclude that the statutory tolling provisions in Utah…
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Utah Supreme Court Finds Utah Medical Malpractice Lawsuit Filed Too Late Under UGIA
The Supreme Court of the State of Utah (“Utah Supreme Court”) held in its opinion filed on August 15, 2019 that despite the Utah medical malpractice plaintiff’s argument that a notice of claim she filed in September 2016, regarding the…
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Utah Supreme Court Rules Part Of Utah Health Care Malpractice Act Is Unconstitutional
In its opinion filed on July 19, 2019, the Supreme Court of the State of Utah (“Utah Supreme Court”) ruled that the requirement in the Utah Health Care Malpractice Act (“Act”) that a Utah medical malpractice claimant obtain a certificate…
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Utah Supreme Court Affirms Medical Malpractice Jury Finding That Statute Of Limitations Barred Plaintiff’s Claim
In its opinion filed on April 11, 2018, the Supreme Court of the State of Utah (“Utah Supreme Court”) affirmed a Utah medical malpractice jury’s finding that the plaintiff’s claim was filed after the two-year statute of limitations for Utah…
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Utah Appellate Court Imputes Nurse’s Concealment Of Medication Error To The Nursing Home Where She Was Employed
The Utah Court of Appeals (“Utah Appellate Court”) held in its opinion filed on January 19, 2018 that the defendant nursing home’s efforts to avoid full liability for its nurse’s medication error and her subsequent concealment of that error are…
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Failure Of Multiple Utah Medical Facilities To Report Nurse’s Sexual Assaults Over 10 Year Period Resulted In 12 Victims
A Utah nurse who has allegedly sexually assaulted at least 12 women at four different Utah medical facilities over the period of ten years could have been stopped if they had properly reported his misconduct to the appropriate authorities, according…
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Federal Appellate Court Upholds $2.1M Defective Hip Implant Verdict
On March 20, 2017, the U.S. Court of Appeals for the Eleventh Circuit (“Appellate Court”) upheld a $2.1 million product liability judgment in favor of the plaintiff in the first bellwether trial in a multidistrict litigation involving over 500 cases…
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