Medical Malpractice Statute of Limitations in Utah
Last verified 2026-07 · Source: Utah Code § 78B-3-404 ✓ verified · 3 sources
The deadline
2 years
from the date the injury is discovered or, through reasonable diligence, should have been discovered, under Utah Code § 78B-3-404.
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Under Utah Code § 78B-3-404, you have 2 years from the date the injury is discovered or, through reasonable diligence, should have been discovered to file a medical malpractice claim in Utah. Miss it and you lose the right to sue — but several Utah-specific exceptions can extend (or shorten) that window, detailed below.
Utah Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | Utah Code § 78B-3-404 |
| Car Accident | 4 yrs | Utah Code § 78B-2-307(4) |
| Credit Card Debt | 4 yrs | Utah Code § 78B-2-307(1) |
| Wrongful Death | 2 yrs | Utah Code § 78B-2-304 |
| Personal Injury | 4 yrs | Utah Code Ann. § 78B-2-307 |
| Dog Bite | 4 yrs | Utah Code Ann. § 18-1-1; SOL: § 78B-2-307 |
| Slip and Fall | 4 yrs | Utah Code Ann. § 78B-2-307(3) |
| Defamation | 1 yr | Utah Code Ann. § 78B-2-302 |
| Breach of Contract | 6 yrs | Utah Code Ann. § 78B-2-309 |
| Medical Debt | 6 yrs | Utah Code § 78B-2-309 |
When the Clock Starts
In Utah, the limitations period for medical malpractice claims generally begins on the date the injury is discovered or, through reasonable diligence, should have been discovered. Utah recognizes a discovery rule for this claim type: The two-year clock runs from discovery of the injury, but is capped by an absolute four-year statute of repose measured from the act, omission, or occurrence (with one-year discovery windows for retained foreign objects and fraudulent concealment).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Notice of claim within one year and suit within one year of denial under the Governmental Immunity Act (Utah Code § 63G-7-402) when suing a public/government hospital.
- Damage caps: $450,000 cap on noneconomic (quality-of-life) damages, adjusted for inflation, for causes of action arising on or after May 15, 2010 (Utah Code § 78B-3-410).
Requires a 90-day pre-suit notice of intent (Utah Code § 78B-3-412) plus prelitigation panel review and an affidavit of merit before a case may proceed (§§ 78B-3-416, 78B-3-423).
Source: Utah Code § 78B-3-404, official Utah statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Utah government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Utah Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Utah | 2 years | Utah Code § 78B-3-404 |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
| Wyoming | 2 yrs | Wyo. Stat. § 1-3-107 |
| Colorado | 2 yrs | C.R.S. § 13-80-102.5 |
| New Mexico | 3 yrs | NMSA 1978 § 41-5-13 |
| Arizona | 2 yrs | A.R.S. § 12-542 |
| Nevada | 3 yrs | Nev. Rev. Stat. § 41A.097 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Utah?
You have 2 years from the date the injury is discovered or, through reasonable diligence, should have been discovered, under Utah Code § 78B-3-404.
Can I still sue after 2 years in Utah?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Utah?
Yes. The two-year clock runs from discovery of the injury, but is capped by an absolute four-year statute of repose measured from the act, omission, or occurrence (with one-year discovery windows for retained foreign objects and fraudulent concealment).
What if the victim was a minor?
Utah generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Notice of claim within one year and suit within one year of denial under the Governmental Immunity Act (Utah Code § 63G-7-402) when suing a public/government hospital.
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Sources
- Official Utah Code § 78B-3-404, Utah Health Care Malpractice Act (Utah Legislature, le.utah.gov)
- Corroborating Utah Code § 78B-3-404 (Justia)
- Corroborating Utah Medical Malpractice Laws (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Utah attorney.