Section 78B-3-426 - Nonpatient plaintiffs(1) For purposes of this section, a nonpatient plaintiff does not include a patient, as defined in Subsection 78B-3-403(23).(2) This section does not apply to a health care malpractice action brought or seeking recovery under Section 30-2-11, 78B-3-106, 78B-3-107, or 78B-3-502.(3) To establish a malpractice action against a health care provider, a nonpatient plaintiff shall be required to show that: (a) the health care provider owes a duty to the nonpatient plaintiff;(b) the nonpatient plaintiff suffered a foreseeable injury;(c) the nonpatient plaintiff's injury was proximately caused by an act or omission of the health care provider; and(d) the health care provider's act or omission was conduct that manifests a knowing and reckless indifference toward, and a disregard of, the injury suffered by the nonpatient plaintiff.Amended by Chapter 440, 2018 General Session ,§ 2, eff. 5/8/2018.Added by Chapter 257, 2016 General Session ,§ 2, eff. 5/10/2016.