Utah Code 78B-3-422. Evidence of disclosures — Civil proceedings — Unanticipated outcomes — Medical care
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(1) As used in this section:
Terms Used In Utah Code 78B-3-422
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement. See Utah Code 78B-3-403
- Health care provider: includes any person, partnership, association, corporation, or other facility or institution who causes to be rendered or who renders health care or professional services as a hospital, health care facility, physician, physician assistant, registered nurse, licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech-language pathologist, clinical social worker, certified social worker, social service worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons and officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 78B-3-403
- Patient: means a person who is under the care of a health care provider, under a contract, express or implied. See Utah Code 78B-3-403
- 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
- Unanticipated outcome: means the outcome of a medical treatment or procedure that differs from an expected result. See Utah Code 78B-3-403
(1)(a) “Defendant” means the defendant in a malpractice action against a health care provider.(1)(b) “Health care provider” includes an agent of a health care provider.(1)(c) “Patient” includes any person associated with the patient.
(2) In any civil action or arbitration proceeding relating to an unanticipated outcome of medical care, any unsworn statement, affirmation, gesture, or conduct made to the patient by the defendant shall be inadmissible as evidence of an admission against interest or of liability if it:
(2)(a) expresses:
(2)(a)(i) apology, sympathy, commiseration, condolence, or compassion; or
(2)(a)(ii) a general sense of benevolence; or
(2)(b) describes:
(2)(b)(i) the sequence of events relating to the unanticipated outcome of medical care;
(2)(b)(ii) the significance of events; or
(2)(b)(iii) both.
(3) Except as provided in Subsection (2) , this section does not alter any other law or rule that applies to the admissibility of evidence in a medical malpractice action.