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★ Utah · medical negligence

Medical negligence settlements
in Utah.

By 9 min read

Utah caps noneconomic damages in malpractice cases at $450,000 for claims arising since 15 May 2010. Suing the University of Utah adds the Governmental Immunity Act cap, and in 2025 the Supreme Court held its 1989 decision striking an earlier cap did not decide whether the current one applies.

Facts that decide a medical negligence claim in Utah

Malpractice capNoneconomic damages in malpractice actions against health care providers may not exceed $450,000 for causes of action arising on or after 15 May 2010.Utah Code § 78B-3-410(1)(d)
Public hospitalsClaims against the University of Utah fall under the Governmental Immunity Act, whose damages cap is not automatically unconstitutional under the 1989 Condemarin decision.University of Utah Hospital v. Tullis (Utah 2025)
Fault ruleYour fault does not alone bar recovery; you may recover from defendants whose combined fault, with immune persons and nonparties, exceeds yours, and each defendant pays only its share.Utah Code § 78B-5-818
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Utah's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in Utah. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case
★ UT · reported medical negligence outcomes

What Utah courts have awarded.

Real Utah decisions and verdicts, each linked to the court record or official report.

  • University of Utah Hospital v. Tullis
    Supreme Court of Utah · 2025
    Order refusing the cap reversed; remanded

    In a malpractice case against the University of Utah, the trial court refused to limit damages under the 2017 Governmental Immunity Act cap, reasoning that Condemarin v. University Hospital (1989) had already held a cap unconstitutional as applied to the hospital. On interlocutory review, the Supreme Court held Condemarin does not control the current cap, reversed and remanded.

  • Wakefield v. Gutzman
    Utah Court of Appeals · 2024
    Defense verdict affirmed

    A 22 year old died of an anoxic brain injury after gauze blocked his airway following dental surgery under sedation in 2014. His father sued the dental anesthesiologist. The jury found for the anesthesiologist, and the Court of Appeals affirmed.

★ UT · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Utah.

  1. 1

    Know whether the defendant is public. University of Utah claims face the Governmental Immunity Act as well as the malpractice statute.

  2. 2

    The $450,000 noneconomic cap depends on when the claim arose.

  3. 3

    Malpractice deadlines are shorter than the four year general limit; act quickly.

★ UT · statute of limitations
4 years for personal injury; 2 years for medical malpractice

Utah Code § 78B-2-307

★ UT · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ UT · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Utah.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Utah's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Utah · you are hereModified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice—
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
WyomingModified comparative, 51% bar4 years from date of injuryWY · medical negligence →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · medical negligence →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · medical negligence →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · medical negligence →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · medical negligence →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · medical negligence →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · medical negligence →
IdahoModified comparative, 50% bar2 years from date of injuryID · medical negligence →
KansasModified comparative, 50% bar2 years from date of injuryKS · medical negligence →
VermontModified comparative, 51% bar3 years from date of injuryVT · medical negligence →
VirginiaPure contributory negligence2 years from date of injuryVA · medical negligence →
★ UT · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of UT
Utah overview

Fault rule, statute, caps, and key facts for Utah as a whole.

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Utah's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Utah. See /methodology, /sources, and /disclaimer.