Pain & Suffering: Medical Malpractice vs. Ordinary Injury
The cap, the clock and the pre-suit hearing all differ.
The cap
Malpractice noneconomic damages are limited to $450,000 by UCA 78B-3-410; ordinary injury claims have no such limit.
The clock
A malpractice action must be commenced within two years after the plaintiff discovers, or should have discovered, the injury, but not more than four years after the act. A foreign object left in the body, or fraudulent concealment, gets one year from discovery.
Ordinary injury
Most personal injury claims fall under the general period of four years for relief not otherwise provided for by law.
Prelitigation hearing
The Division provides a hearing panel in alleged medical liability cases, and the proceedings are compulsory as a condition precedent to commencing litigation, except for dentists and dental care providers.
Fault
The same comparative fault rule in UCA 78B-5-818 applies.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Utah's rules apply to your specific case with a licensed Utah attorney.