Justinian C. Lane, Esq.
Let Justice Be Done, Though the Heavens May Fall

Justinian Lane's Blog

Justinian's Blog

Utah tort reform legislation requires doctors to rat each other out

Many times a plaintiff in a medical malpractice lawsuit isn’t exactly sure who to sue.  Between primary care physicians, specialists, hospitals, clinics and all of the other providers, it’s hard for an injured patient to know which party or parties is at fault.  Usually, the default tactic for the plaintiff is to “Sue ‘em all and let the jury sort it out.” 

Utah has proposed a bill that apparently lets the plaintiff just sue the most obviously culpable provider and forces the provider to bring in anyone else.  How this is different than the current state of affairs, I don’t know, but it seems newsworthy enough because the trial bar in Utah is for it:

HB135 eliminates the risk of that happening by requiring accused providers to summon other potentially guilty parties to the panel, he said. "It would be no longer incumbent on just plaintiffs to name parties."

Source: Utah malpractice reform bill clears first legislative hurdle | The Salt Lake Tribune