Current through the 2024 Fourth Special Session
Section 78B-3-407 - Limitation on actions against health care providers when parent or guardian refuses to consent to health care of child(1) A malpractice action against a health care provider may not be brought on the basis of the consequences resulting from the refusal of a child's parent or guardian to consent to the child's health care, if: (a) the health care is recommended by the health care provider;(b) the parent or guardian is provided with sufficient information to make an informed decision regarding the recommendation of the health care provider; and(c) the consent of the parent or guardian is required by law before the health care may be administered.(2) The sole purpose of this section is to prohibit a malpractice action against a health care provider under the circumstances set forth by this section. This section may not be construed to: (a) create a new cause of action;(b) expand an existing cause of action;(c) impose a new duty on a health care provider; or(d) expand an existing duty of a health care provider.Renumbered and Amended by Chapter 3, 2008 General Session .