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Utah House narrows path for lawsuits by non-patients, approves bill defining duty for health-care providers
Summary
The Utah House approved first substitute HB 79 to define when health-care providers can be sued by non-patients injured by a patient’s actions, setting a jury standard that requires proof the provider’s conduct showed a 'knowing and reckless indifference' to the non-patient’s injury; the measure passed after extended debate, 66–5.
SALT LAKE CITY — The Utah House on Monday approved first substitute HB 79, a bill that codifies when a health-care provider’s duty to a patient can extend to people harmed by that patient’s conduct.
Sponsor Representative McKiff, the bill’s author, told the House the measure is designed to give juries guidance about the line between ordinary medical malpractice and extraordinary conduct that can make a provider liable to third parties. “The health care provider’s act or omission was conduct that manifest[ed] a knowing and reckless indifference toward and a disregard of the injury suffered by the non-patient…
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