Health Justice Transformation - Utah

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$250,000 cap on non-economic damages, indexed for inflation. Limit adjusted for inflation.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. The court must reduce the award by the amount of any collateral benefit, except for benefits from payers with subrogation rights. Reduction shall be offset by amount paid by plaintiff to secure such benefits.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Any party may request periodic payments, and the court must order such payments if future damages exceed $100,000.

Limitation of Plaintiff’s Attorneys Fees

Yes. Total compensation may not exceed 1/3 of total damages.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration agreements between health care providers and patients are valid and enforceable. Plaintiffs may request a pre-litigation hearing. The panel conducting the hearing shall issue a written opinion whether the claim against the defendant has merit or no merit, and if a claim is determined to have merit, whether the conduct of defendant resulted in harm to the plaintiff. The panel's decision is not subject to judicial review or appeal and their decision shall not be admissible as evidence in any subsequent action. The panel's decision may be binding if agreed to in writing by the parties.

Standards for Expert Testimony/Witness

Expert testimony must be presented to establish a deviation below the standard of care, unless the facts are knowledgeable to the lay person.