Waddoups v. Noorda

INTRODUCTION

T1 The Federal District Court for the District of Utah has certified the following question to this court:

Does section 78B-3-425 of the Utah Code clarify existing law and therefore retroactively apply to bar negligent credentialing claims that arose prior to its enactment?

Utah Code section 78B-3-425 reads:

Prohibition on cause of action for negligent credentialing. It is the policy of this state that the question of negligent ecreden-tialing, as applied to health care providers in malpractice suits, is not recognized as a cause of action.

We hold that Utah Code section 78B-8-425,…