Utah Legislature Modifies Medical Malpractice Claims Part 2

As reported here previously, the Utah Legislature was considering modifying medical malpractice claims in Utah in two ways: increasing the standard of proof required in medical malpractice cases against health care providers, i.e., doctors and hospitals, to a clear and convincing evidence standard for all care provided in the emergent situations and requiring medical experts submit to the jurisdiction of the Utah Physician’s Licensing Board.  The Legislature ultimately axed the second (and potentially problematic) part of the amendments concerning experts.  What the Utah Legislature passed is a heightened standard of care applicable to all health care providers in emergent situations.  The Legislature also included a limitation for physicians in which the heightened standard does not apply to a physician if the patient was already a patient of the physician before the emergency room encounter, the physician had treated the complained-of malady within the last three months, and the physician can consult the patient’s medical records while providing the emergency care.  This limitation is very limited and will unlikely apply in most or many circumstances.

As discussed previously, the change from a preponderance of the evidence standard as to fault to the clear and convincing evidence standard is a matter of degree that is imprecise.  Whether this new law has any affect on medical malpractice claims remains to be seen.