Utah Medical Malpractice Complaint (Health Care Malpractice Act)

COMPLAINT FOR MEDICAL MALPRACTICE

(Utah Health Care Malpractice Act, Utah Code § 78B-3-401 et seq.)

IN THE [____________________] JUDICIAL DISTRICT COURT

IN AND FOR [____________________] COUNTY, STATE OF UTAH

Case No.: [____________________]
Judge: [____________________]
Tier: [____________________]

COMPLAINT AND JURY DEMAND

Plaintiff [PLAINTIFF NAME], by and through undersigned counsel, complains of Defendants and alleges as follows:

I. PARTIES

1. Plaintiff [PLAINTIFF NAME] is, and at all times relevant was, a resident of [____________________] County, State of Utah.

2. Defendant [PHYSICIAN NAME], M.D. ("Defendant Physician") is, on information and belief, a physician licensed to practice medicine in the State of Utah under Utah Code § 58-67 et seq., with a principal place of practice in [____________________] County, Utah. Defendant Physician is a "health care provider" within the meaning of Utah Code § 78B-3-403(12).

3. Defendant [HOSPITAL / CLINIC NAME] ("Defendant Hospital") is, on information and belief, a [Utah corporation / limited liability company / nonprofit corporation / governmental entity] organized and existing under the laws of the State of Utah, with its principal place of business in [____________________] County, Utah, and is licensed as a health care facility by the Utah Department of Health and Human Services. Defendant Hospital is a "health care provider" within the meaning of Utah Code § 78B-3-403(12).

4. Defendant [MEDICAL GROUP / P.C.] is, on information and belief, a [professional corporation / limited liability company] organized under the laws of Utah, employing or contracting with Defendant Physician at all relevant times.

5. Defendants DOES 1 through 10 are persons or entities whose true names and capacities are presently unknown to Plaintiff. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.

6. At all times relevant, each Defendant was the agent, servant, employee, partner, joint venturer, ostensible agent, or alter ego of each other Defendant, acting within the course and scope of such relationship, such that each Defendant is vicariously liable for the acts of the others under the doctrines of respondeat superior, ostensible/apparent agency, and corporate negligence.

II. JURISDICTION AND VENUE

7. This Court has subject matter jurisdiction under Utah Code § 78A-5-102 because the amount in controversy exceeds $[____________] and the claim arises under Utah law.

8. Venue is proper in [____________________] County under Utah Code § 78B-3-307 because the cause of action arose in this county and/or one or more Defendants resides or has its principal place of business in this county.

9. This Court has personal jurisdiction over each Defendant because each Defendant resides in, is licensed in, transacts business in, and/or rendered the medical care at issue within the State of Utah.

III. CONDITIONS PRECEDENT — UTAH HEALTH CARE MALPRACTICE ACT

10. Plaintiff has satisfied all conditions precedent to filing this action under the Utah Health Care Malpractice Act, Utah Code § 78B-3-401 et seq.

11. Notice of Intent (§ 78B-3-412). On [__/__/____], Plaintiff served a written Notice of Intent to Commence Action on each Defendant by certified mail, return receipt requested, in compliance with Utah Code § 78B-3-412. More than 90 days have elapsed since service of the Notice of Intent (or such shorter period as is permitted under § 78B-3-412(2) where the notice was served less than 90 days before expiration of the limitations period).

12. Prelitigation Panel Review (§ 78B-3-416). On [__/__/____], within 60 days after service of the Notice of Intent, Plaintiff filed a Request for Prelitigation Panel Review with the Utah Division of Occupational and Professional Licensing ("DOPL"). [Choose one: The panel issued its written opinion on [__/__/____], and 60 days have elapsed since issuance / The panel issued a Certificate of Compliance on [__/__/____] / 180 days have elapsed since the filing of the Request without panel completion / The parties stipulated to bypass under § 78B-3-416(3)]. A true and correct copy of the [opinion / certificate / stipulation] is attached as Exhibit A.

13. Tolling. Pursuant to Utah Code § 78B-3-416(2), the applicable statute of limitations was tolled during the pendency of the prelitigation proceedings. This action is therefore timely under Utah Code § 78B-3-404.

IV. STATUTE OF LIMITATIONS

14. This action is timely under Utah Code § 78B-3-404. The injury was discovered, or in the exercise of reasonable diligence should have been discovered, on [__/__/____]. This Complaint is filed within two years of that date, accounting for tolling under § 78B-3-416(2). The four-year statute of repose has not run, or alternatively does not apply because [the foreign-object exception applies / the fraudulent-concealment exception applies / Plaintiff was a minor and tolling extends limitations under § 78B-3-404(2)(b)].

☐ Two-year discovery rule satisfied
☐ Four-year repose period not expired (or exception pleaded)
☐ Tolling under § 78B-3-416(2) preserved limitations
☐ Minor tolling (under age 8) — if applicable
☐ Foreign-object exception (§ 78B-3-404(2)(c))
☐ Fraudulent-concealment exception (§ 78B-3-404(2)(c))

V. FACTUAL ALLEGATIONS

A. The Physician-Patient Relationship

15. On or about [__/__/____], Plaintiff first presented to Defendant [PHYSICIAN NAME] / Defendant [HOSPITAL] for [chief complaint / referred condition]. A physician-patient relationship was thereby formed, giving rise to the duty to render medical care consistent with the applicable Utah standard of care for a [specialty — e.g., board-certified general surgeon, OB/GYN, emergency physician].

B. The Course of Treatment

16. On [__/__/____], Defendant Physician [diagnosed Plaintiff with / recommended / performed / prescribed] [____________________] at [facility].

17. The course of treatment included, without limitation:

a. [Date]: [Procedure / encounter / order];
b. [Date]: [Procedure / encounter / order];
c. [Date]: [Procedure / encounter / order];
d. [Date]: [Procedure / encounter / order].

C. The Departure from the Standard of Care

18. The applicable Utah standard of care required that a reasonably prudent [specialty] under the same or similar circumstances would have:

a. [Performed differential diagnosis including __________];
b. [Ordered __________ imaging / labs / consultation];
c. [Recognized __________ signs / symptoms];
d. [Obtained informed consent regarding __________];
e. [Promptly transferred / escalated / acted on __________];
f. [Avoided __________].

19. Defendants breached the standard of care in one or more of the following respects (without limitation):

a. Failure to diagnose: [____________________];
b. Misdiagnosis: [____________________];
c. Delay in treatment: [____________________];
d. Surgical / procedural error: [____________________];
e. Medication error: [____________________];
f. Failure to obtain informed consent: [____________________];
g. Failure to monitor: [____________________];
h. Negligent credentialing / supervision (Hospital): [____________________];
i. Failure to follow up on test results: [____________________].

D. Injury and Causation

20. As a direct and proximate result of Defendants' breaches of the standard of care, Plaintiff suffered the following injuries that, more probably than not, would not have occurred had Defendants complied with the standard of care:

a. [Permanent physical injury — describe];
b. [Required additional surgery / treatment];
c. [Loss of organ / limb / function];
d. [Disfigurement / scarring];
e. [Pain and suffering];
f. [Mental anguish and emotional distress];
g. [Loss of enjoyment of life];
h. [Lost wages and lost earning capacity];
i. [Past and future medical expenses];
j. [____________________].

VI. CAUSES OF ACTION

COUNT I — MEDICAL NEGLIGENCE

(Against Defendant Physician and Defendant Medical Group)

21. Plaintiff incorporates paragraphs 1 through 20 as though fully set forth herein.

22. Defendant Physician owed Plaintiff a duty to render medical care consistent with the standard of care of a reasonably prudent [specialty] practicing in Utah under the same or similar circumstances.

23. Defendant Physician breached that duty as alleged above.

24. The breach was a direct, proximate, and substantial factor in causing Plaintiff's injuries and damages.

25. Defendant Medical Group is vicariously liable for the negligent acts and omissions of Defendant Physician under the doctrine of respondeat superior.

COUNT II — HOSPITAL/INSTITUTIONAL NEGLIGENCE

(Against Defendant Hospital)

26. Plaintiff incorporates paragraphs 1 through 25 as though fully set forth herein.

27. Defendant Hospital owed Plaintiff independent institutional duties, including but not limited to: proper credentialing and privileging of medical staff; adequate staffing and supervision; promulgation and enforcement of patient-safety policies; and provision of competent nursing, pharmacy, and ancillary services.

28. Defendant Hospital breached those duties by [select all that apply: negligently credentialing Defendant Physician despite known concerns; failing to enforce policies regarding ___; understaffing the ___ unit; failing to supervise ___; failing to maintain safe equipment ___].

29. Defendant Hospital is also vicariously liable for the negligence of its employees, ostensible/apparent agents, and contractors who provided care to Plaintiff.

COUNT III — LACK OF INFORMED CONSENT

(Against Defendant Physician)

30. Plaintiff incorporates paragraphs 1 through 29 as though fully set forth herein.

31. Under Utah Code § 78B-3-406, Defendant Physician was required to disclose material risks, alternatives, and the consequences of refusing the recommended treatment that a reasonable person in Plaintiff's position would have considered material.

32. Defendant Physician failed to disclose [specific risk: e.g., a [__]% risk of [outcome]; the alternative of [___]; the consequences of declining [___]].

33. A reasonable person in Plaintiff's position, fully informed, would not have consented to the treatment.

34. The undisclosed risk materialized and caused the injuries alleged.

COUNT IV — WRONGFUL DEATH (if applicable)

(Against All Defendants)

35. Plaintiff incorporates paragraphs 1 through 34 as though fully set forth herein.

36. Plaintiff [__________] is the personal representative / surviving spouse / heir of decedent [__________], who died on [__/__/____] as a direct and proximate result of Defendants' negligence.

37. This action is brought under Utah Code § 78B-3-106 (wrongful death) and § 78B-3-105 (survival).

38. Pursuant to Utah Const. art. XVI, § 5, and Smith v. United States, 2015 UT 68, the statutory cap on noneconomic damages set forth in Utah Code § 78B-3-410 does NOT apply to this wrongful death claim, and the heirs are entitled to full and uncapped recovery.

VII. DAMAGES

39. As a direct and proximate result of Defendants' negligence, Plaintiff is entitled to recover:

a. Past and future economic damages (uncapped under Utah law), including past and future medical expenses, lost earnings, and loss of earning capacity;
b. Past and future noneconomic damages for pain, suffering, mental anguish, disfigurement, loss of enjoyment of life, and loss of consortium, subject only to the limitation, if any, set forth in Utah Code § 78B-3-410 (which does not apply to wrongful death — see Smith, supra);
c. Prejudgment and post-judgment interest as allowed by law;
d. Costs of suit;
e. Such other and further relief as the Court deems just and proper.

VIII. AFFIRMATIVE STATEMENTS / RESERVATIONS

40. Comparative Fault (Utah Code § 78B-5-818). Plaintiff was not at fault, or alternatively, was less than 50% at fault, for the injuries alleged. Plaintiff's recovery is therefore not barred by Utah's modified comparative fault rule.

41. Joint and Several Liability (§ 78B-5-820). Plaintiff acknowledges that Utah has abolished joint and several liability and that each Defendant's liability is limited to its proportionate share of fault as determined by the trier of fact.

42. Apology Statute (§ 78B-3-422). Plaintiff acknowledges that statements of apology, sympathy, or compassion made by Defendants, if any, are inadmissible under § 78B-3-422; however, statements of fault are NOT shielded and remain admissible.

43. Cap Reservation (§ 78B-3-410). Plaintiff reserves all rights to challenge the constitutionality and applicability of the noneconomic damages cap of Utah Code § 78B-3-410 to the facts of this case.

44. Punitive Damages. Plaintiff reserves the right under Utah Code § 78B-8-201 to amend this Complaint to assert a claim for punitive damages on a showing of willful and malicious conduct or knowing and reckless indifference toward, and disregard of, the rights of others.

IX. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable, pursuant to Utah Const. art. I, § 10 and Utah R. Civ. P. 38.

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendants, jointly and severally to the extent permitted under § 78B-5-820, as follows:

A. For past and future economic damages in an amount to be proven at trial;
B. For past and future noneconomic damages in an amount to be proven at trial;
C. For wrongful death damages, uncapped, if applicable;
D. For prejudgment and post-judgment interest;
E. For costs of suit;
F. For such other and further relief as the Court deems just and equitable.

DATED this [____] day of [____________________], 20[____].

[____________________________________________]
[ATTORNEY NAME], Utah Bar No. [__________]
[LAW FIRM NAME]
[FIRM ADDRESS]
[CITY, UT ZIP]
Telephone: [(___) ___-____]
Email: [____________________]
Attorney for Plaintiff [PLAINTIFF NAME]

VERIFICATION

(Optional under Utah R. Civ. P. 11; required for some pleadings)

STATE OF UTAH )
) ss.
COUNTY OF [_______] )

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and state: I am the Plaintiff in the above-captioned action; I have read the foregoing Complaint; and the factual allegations contained therein are true and correct to the best of my knowledge, information, and belief.

____________________________________________
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [____________________], 20[____].

____________________________________________
NOTARY PUBLIC
My commission expires: [__/__/____]

EXHIBITS LIST

☐ Exhibit A — Prelitigation Panel Opinion / Certificate of Compliance / Stipulation
☐ Exhibit B — Notice of Intent to Commence Action and Proof of Service
☐ Exhibit C — Relevant medical records (filed under seal pursuant to URCP 26 / HIPAA)
☐ Exhibit D — Expert disclosures, if filed contemporaneously
☐ Exhibit E — Death certificate (wrongful death only)
☐ Exhibit F — Letters of administration / guardianship (if applicable)

CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________________], 20[____], a true and correct copy of the foregoing COMPLAINT was served on the following parties via the Court's electronic filing system / U.S. Mail / hand delivery / certified mail (return receipt requested):

[List of parties served / Summons to be issued and served per URCP 4]

____________________________________________
[ATTORNEY NAME]

PRE-FILING ATTORNEY CHECKLIST

☐ Two-year statute of limitations under § 78B-3-404 verified (date of discovery: [__/__/____])
☐ Four-year statute of repose verified or exception preserved
☐ Notice of Intent to Commence Action served at least 90 days before filing (§ 78B-3-412)
☐ Request for Prelitigation Panel Review filed within 60 days of Notice of Intent (§ 78B-3-416)
☐ Tolling preserved during prelitigation proceedings
☐ Panel opinion / Certificate of Compliance / 180-day expiration / stipulation obtained
☐ Expert(s) retained and standard of care opinion obtained
☐ Medical records subpoenaed, organized, and reviewed
☐ Damages timeline and life-care plan drafted (Tier 3)
☐ All defendants properly identified — physicians, group, hospital, ostensible agents
☐ Vicarious liability and corporate negligence theories evaluated
☐ Wrongful death analysis complete (Smith v. United States, 2015 UT 68)
☐ Comparative fault assessment (§ 78B-5-818) — plaintiff under 50%
☐ Caps strategy and constitutional reservations preserved
☐ Tier 3 designation under URCP 26 prepared
☐ Jury demand under URCP 38 included
☐ Filing fee verified and form of summons prepared (URCP 4)

SOURCES AND REFERENCES

• Utah Code § 78B-3-401 et seq. — Utah Health Care Malpractice Act: https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-P4.html
• Utah Code § 78B-3-404 — Statute of Limitations
• Utah Code § 78B-3-410 — Limitation on Noneconomic Damages ($450,000)
• Utah Code § 78B-3-412 — Notice of Intent to Commence Action
• Utah Code § 78B-3-416 — Prelitigation Panel Review
• Utah Code § 78B-3-418 — Decision and Recommendations of Panel
• Utah Code § 78B-3-422 — Apology Statute
• Utah Code § 78B-5-818 — Comparative Fault
• Utah Code § 78B-5-820 — Proportionate Liability (Joint & Several Abolished)
• Smith v. United States, 2015 UT 68 — Cap unconstitutional in wrongful death
• Vega v. Jordan Valley Medical Center, 2019 UT 35 — Affidavit of merit / DOPL gatekeeping unconstitutional
• Utah DOPL Prelitigation Forms: https://dopl.utah.gov/prelitigation/forms/
• Utah Courts (damages-cap resource): https://www.utcourts.gov/en/court-records-publications/resources/other-resources/damage-cap.html
• Utah Rules of Civil Procedure: https://www.utcourts.gov/en/about/rules.html

This template is a procedural framework. Counsel must adapt allegations to the specific facts, retain qualified experts, and confirm current statutory amounts and case law before filing. Utah's pre-suit framework is unforgiving and the limitations period is short.