Utah medical malpractice law

In Utah, you generally have 2 years to file a medical malpractice claim from the day the injury was discovered. Caps and rules for 2026.

Sources checked November 4, 2026

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How a malpractice claim usually moves in Utah

1.Something went wrong
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2.Get your records
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3.Free case review
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4.Medical opinion
A doctor checks whether the care fell short.
5.Start the claim in time
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6.Settlement or trial
Many claims settle. Some go to a judge or jury.

Your deadline: 2 years from when you found out

Utah rules at a glance

Work out your deadline

Filing deadline: 2 years from when the injury was discovered
Damage caps: $450,000 for causes of action arising on or…
Before you file: Written notice before you sue
Shared fault: Modified comparative (50% bar)

Full Utah law guidedeadlines, caps, children, experts and sources

Example: treatment and discovery six months ago

TreatmentMay 7, 2026
Likely deadlineMay 7, 2028
Outer limitMay 7, 2030

The filing deadline in Utah

The clock startsWhen you found out, or should have
Time to start a claim2 yearsMiss it and the claim is usually lost.
At the very most4 yearsafter the treatment, with a few exceptions

Limits on damages in Utah

Pain and sufferingCapped at $450,000
All damages togetherNo overall cap

The rules in Utah

Filing deadline

2 years

Counted from when the injury was discovered. File within 2 years after you discovered or reasonably should have discovered the injury, and no more than 4 years after the act or omission. The 90-day notice of intent tolls the deadline.

Utah Code § 78B-3-404(1)

Discovery rule

Applies

Yes, inside the 4-year outer limit. A foreign object or fraudulent concealment allows 1 year from discovery.

Outer limit

4 years

4 years from the act, omission, neglect or occurrence, except foreign-object and fraudulent-concealment cases.

Utah Code § 78B-3-404

Damage caps

$450,000 for causes of action arising on or after May 15, 2010.

Utah caps non-economic damages in malpractice actions against health care providers at $450,000.

Punitive: The cap does not apply to punitive damages.

Utah Code § 78B-3-410

Children

Different clock

The statute has no special rule for children. The Utah Supreme Court held the malpractice deadline cannot constitutionally run against a minor (Lee v. Gaufin, 1993), so a child's claim is generally tolled until 18; confirm with a lawyer.

Affidavit of merit

Not required

Optional since the 2025 amendments: a claimant who receives a non-meritorious panel finding may file an affidavit of merit, but can proceed to litigation whether or not one is filed.

Utah Code § 78B-3-423 (as amended by H.B. 503, 2025)

Notice before suing

Required

Serve a notice of intent to commence action at least 90 days before suing (notice served in the last 90 days extends the deadline to 120 days from service), request a prelitigation panel review within 60 days after the notice, and obtain a certificate of compliance. The panel review is compulsory but its findings are advisory; dental claims are exempt.

Utah Code §§ 78B-3-412, 78B-3-416, 78B-3-418

Shared fault

Modified comparative (50% bar)

Modified comparative fault: barred at 50% or more of the fault

Experts

Expert evidence

Expert testimony is generally required; the affidavit of merit must come from a provider in the same or a substantially similar specialty.

Some secondary sources report that 2025 H.B. 288 lengthened Utah's deadline to 4 years; the official Utah Code still shows the 2-year/4-year rule, last amended in 2012, and the bill appears not to have passed. 2025 H.B. 503 made prelitigation panel findings advisory and the affidavit of merit optional. The panel statute (§ 78B-3-416) shows a further version effective September 1, 2025 that could not be retrieved; confirm current panel procedure.

Sources

Utah Code § 78B-3-404, Utah Legislature
Utah Code § 78B-3-410 (effective 5/7/2025), Utah Legislature
Utah Code § 78B-3-412, Notice of intent to commence action (effective 5/4/2022), Utah Legislature
Utah Code § 78B-3-416 (effective 5/7/2025), Utah Legislature
Utah Code § 78B-3-423, Affidavit of merit (effective 5/7/2025), Utah Legislature
Utah Medical Malpractice Laws and Statutory Rules, AllLaw (Nolo)
State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
Medical Liability/Malpractice Merit Affidavits and Expert Witnesses, National Conference of State Legislatures

Other states

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