Daniels v. Gamma West Brachytherapy, LLC

DURHAM, Chief Justice:

INTRODUCTION

T1 The Utah Health Care Malpractice Act requires a patient to bring a claim for malpractice no more than two years after the patient discovers or should have discovered the injury. We have interpreted this requirement to mean a patient must discover the legal injury-that is, both the fact of injury and that it resulted from negligence-before the statute of limitations begins to run. In this case, the plaintiff and appellant, Ralph L. Daniels, asks this court to determine whether under this discovery rule the statute of limitations period for his claim was…