A new law in Utah signed into law by the Governor on March 27, 2025 provides, in part:
(4) A plaintiff may not pursue, collect, or execute on a judgment against an individual health care provider’s personal income or assets, unless the court finds that: (a)the provider’s conduct was willful and malicious or intentionally fraudulent; or (b)the defendant provider failed to maintain an insurance policy with a policy limit of at least $1,000,000.
Hence, if a physician’s medical negligence caused a patient to suffer catastrophic injuries in excess of the physician’s $1,000,000 medical malpractice insurance coverage, the innocent victim of medical malpractice is limited to receiving $1,000,000 under most circumstances. Furthermore, since Utah physicians will not have “skin in the game,” they will be less likely to resolve medical negligence claims against them.
And why would any physician practicing in Utah pay for medical malpractice insurance coverage in excess of $1,000,000?
The new law also has a chilling effect on medical malpractice claimants and their attorneys by burdening them with the physicians’ attorneys fees under certain circumstances:
(1)The court may award attorney fees and costs to a respondent provider if: (a)(i)a prelitigation review panel renders an opinion under Subsection 78B-3-418(2)(a) that a claimant’s claim or cause of action has no merit; or (ii)the court finds that the claimant did not receive a certificate of compliance because the plaintiff failed to reasonably cooperate in the scheduling of the prelitigation panel review under Subsection 78B-3-416(4)(f); (b)the claimant proceeds to litigate the malpractice action against a health care provider without obtaining an affidavit of merit under Section 78B-3-423; and (c)the court finds that the claimant did not substantially prevail.
The President of the Utah Association for Justice stated in an opinion article published in February 2025 opposing the then-proposed new Utah medical malpractice law:
“For many victims, $1,000,000 is simply not enough to cover past and future medical expenses — let alone the long-term suffering and financial instability that result from severe injuries. Utah has not historically imposed limits on damages related to past and future medical expenses in malpractice cases. This recognition of fairness and justice has ensured that those harmed by medical malpractice can afford the care they need to recover and obtain continued medical care, if necessary … Fundamentally, our legal system is built on personal responsibility, fairness and accountability. One of the bedrock principles of our republic is that those who are harmed by the actions of others are entitled to recompense and the opportunity to be made whole. Utahns pride themselves on personal responsibility, self-autonomy and community accountability. But HB503 exempts a specific class — medical professionals — from that basic principle. Like lawyers and clergy, doctors hold a position of immense trust and responsibility in society. If their actions result in harm, they must be held accountable like all others. No profession should receive special immunity from the consequences of its actions. The real-world impact of HB503 would be tragic. Imagine a child left paralyzed due to a surgical error or a young mother requiring lifelong medical care after a botched procedure. HB503 shields medical professionals from full responsibility, regardless of the severity of harm they cause. No matter how devastating the consequences — whether a lifetime of disability, catastrophic financial ruin or the wrongful death of a loved one — the cap would remain the same. Such a policy is not only unjust, but also contrary to the principles of personal responsibility, fairness and accountability that Utahns hold dear. When we strip individuals of their ability to seek full and fair compensation for life-altering injuries, we erode the very foundation of our society. We diminish personal responsibility, weaken community trust and compromise the well-being of those who suffer the most. This is not justice.”
If you or a loved one may have been injured (or worse) as a result of medical malpractice in Utah or in another U.S. state, you should promptly find a Utah medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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