Forbes v. St. Mark's Hospital

HALL, Chief Justice:

Plaintiffs appeal the summary judgment of the district court which dismissed their medical malpractice action on the ground that it was time barred by Utah Code Ann. § 78-14-4 (1987).

Two statutory provisions govern the commencement of medical malpractice actions. Utah Code Ann. §§ 78-14-4 and -8 (1987) provide in part:

78-14-4. Statute of Limitations-Exceptions-Application.(1) No malpractice action against a health care provider may be brought unless it is commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should…