Utah medical malpractice lawyers Archives - Medical Malpractice Lawyers

Utah Supreme Court Rejects Learned Intermediary Rule In Malpractice Claim Against Pharmacy

November 12, 2025

Steven Jensen suffered from severe chronic pain and took oxycodone for many years to manage his condition. After Jensen went to his doctor seeking help for an unrelated ailment, his doctor prescribed an additional drug, clonazepam. When taken together, oxycodone and clonazepam can pose serious healt[...]

New Utah Medical Malpractice Law Protects Physicians’ Assets In Medical Malpractice Cases

June 27, 2025

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 will[...]

Utah Supreme Court Rules Alleged Sexual Assault Of Patients By Physician Not Medical Malpractice Claim

October 10, 2024

Ninety-four former patients of David Broadbent, an obstetrician and gynecologist (OB-GYN), have sued him, alleging that Broadbent sexually assaulted them under the guise of providing medical treatment. Their claims against Broadbent include sexual battery, sexual assault, and intentional infliction [...]

Utah Supreme Court Reverses $450K Survival Claim Verdict In Medical Malpractice Case

May 4, 2024

After experiencing complications from a surgery performed by Dr. Christina Richards, Lillian Birt was diagnosed with pneumonia and sepsis and was placed on life support. She was later admitted to the ICU, where she was treated primarily by Dr. Wei Peng. Over the next several days, Ms. Birt remained [...]

Federal Appellate Court Affirms Utah Medical Malpractice Plaintiffs Failed To File Within Statute Of Limitations

September 26, 2023

In its Order and Decision filed on July 19, 2023, the United States Court of Appeals for the Tenth Circuit (Federal Appellate Court”) affirmed summary judgment entered in favor of the Utah medical malpractice defendants because the plaintiffs failed to file within the two-year medical malpract[...]

New Utah Law Bans Gender-Affirming Surgery And Hormonal Transgender Treatment For Minors

May 1, 2023

Law Bans Gender-Affirming Surgery And Hormonal Transgender Treatment For Minors: On January 28, 2023, Utah Governor Spencer Cox signed into law S.B. 16 entitled “Transgender Medical Treatments and Procedures” that bars minors from receiving gender-affirming treatments such as surgeries a[...]

83 Women Allege They Were Sexually Abused By Utah OBGYN – Was It Medical Malpractice?

July 14, 2022

83 Women Allege Sexual Abuse – Was It Medical Malpractice? Eighty three women in Utah reportedly have alleged that a Utah OBGYN sexually abused them. The allegations came to light with the February 15, 2022 filing of a lawsuit by four women against Provo OBGYN Dr. David Broadbent, accusing him[...]

Utah Medical Candor Act

February 27, 2022

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 information about the investigatio[...]

Utah Supreme Court Says IME Doctor Owed No Duty To Injured Worker

September 7, 2021

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 physician performing an independent medical exa[...]

Utah Supreme Court Says Climbing Injury During Wilderness Hike Was Medical Malpractice Claim

August 5, 2021

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, “relat[e] to or aris[e] out[...]

Utah Supreme Court Rules Part Of Utah Health Care Malpractice Act Is Unconstitutional

July 20, 2019

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 of compliance from the Division of Occ[...]

Utah Appellate Court Imputes Nurse’s Concealment Of Medication Error To The Nursing Home Where She Was Employed

January 31, 2018

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 unavailing, largely because kno[...]

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