Utah Code 58-13-2.5. Standard of proof for emergency care when immunity does not apply
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(1) A person who is a health care provider as defined in Section 78B-3-403 who provides emergency care in good faith, but is not immune from suit because of an expectation of payment, a legal duty to respond, or other reason under Section 58-13-2, may only be liable for civil damages if fault, as defined in Section 78B-5-817, is established by clear and convincing evidence.
Terms Used In Utah Code 58-13-2.5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Commerce. See Utah Code 58-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(2) For purposes of Subsection (1), “emergency care” means the treatment of an emergency medical condition, as defined in Section 31A-1-301, from the time that the person presents at the emergency department of a hospital and including any subsequent transfer to another hospital, until the condition has been stabilized and the patient is either discharged from the emergency department or admitted to another department of the hospital.(3) This section does not apply to emergency care provided by a physician if:(3)(a) the physician has a previously established physician/patient relationship with the patient outside of the emergency room;(3)(b) the patient has been seen in the last three months by the physician for the same condition for which emergency care is sought; and(3)(c) the physician can access and consult the patient’s relevant medical care records while the physician is making decisions about and providing the emergency care.(4)(4)(a) Nothing in this section may be construed as:(4)(a)(i) altering the applicable standard of care for determining fault; or(4)(a)(ii) applying the standard of proof of clear and convincing evidence to care outside of emergency care and the mandatory legal duty to treat.(4)(b) This section applies to emergency care given after June 1, 2009.(5) This section sunsets in accordance with Section 63I-1-258.