Utah Medical Malpractice Notice of Intent and Prelitigation Panel Review: Step by Step
General information, not legal advice. Read the full disclaimer.
Short answer: In most Utah malpractice cases you can't file a lawsuit until you've (1) given the prospective defendant at least 90 days' written notice of intent to sue, and (2) gone through a prelitigation panel review run by the Division of Professional Licensing, ending with a certificate of compliance (Utah Code §§ 78B-3-412, 78B-3-416). The panel review is informal, nonbinding, confidential, and mandatory — "compulsory as a condition precedent to commencing litigation." Dentists and dental care providers are exempt from the panel requirement but not from the notice of intent.
Who this guide is for
Patients and families preparing a Utah malpractice claim who need to understand the mandatory pre-suit process and the deadlines it creates.
Step 1: Serve a notice of intent (at least 90 days before suing)
The notice of intent can be a letter or affidavit signed by you or your attorney. It must include (§ 78B-3-412(2)):
- a general statement of the nature of the claim;
- the persons involved;
- the date, time, and place of the occurrence;
- the circumstances surrounding the claim;
- specific allegations of misconduct by the prospective defendant; and
- the nature of the alleged injuries and other damages.
Service: by the methods the Utah Rules of Civil Procedure allow for serving a summons and complaint, or by certified mail, return receipt requested — in which case notice is treated as served on the date of mailing.
Timing: The notice must be served within the time allowed for commencing a malpractice action. If it is served less than 90 days before that time expires, the deadline to commence the action is extended to 120 days from the date of service. See Utah Medical Malpractice Statute of Limitations.
The notice-of-intent requirement doesn't apply to third-party actions, counterclaims, or cross-claims against a health care provider.
Step 2: Request the prelitigation panel review (within 60 days)
Within 60 days after serving the notice of intent, you must file a request for prelitigation panel review with the Division, including a copy of the notice, and mail the request and notice to every health care provider named (§ 78B-3-416(2)).
What the panel is: an informal review that is nonbinding, confidential and privileged, and not subject to the Administrative Procedures Act, but compulsory before litigation. The Division may provide only one panel per alleged malpractice action.
Step 3: The review is completed (or excused)
- The Division must complete the panel review within 180 days after the request is filed, or a longer period agreed in writing by all parties.
- If the review doesn't happen within that time, a party can file an affidavit within the 180 days explaining why — for example, that the other side failed to reasonably cooperate in scheduling. The Division decides within 15 days, and if it finds you didn't fail to cooperate, it issues a certificate of compliance so you can sue.
- The Division sends the panel's opinion to all parties by regular mail.
How the process affects the statute of limitations
Filing the panel-review request tolls the statute of limitations until the later of: 60 days after the Division issues the panel's opinion or a certificate of compliance, or the end of the time allowed for the panel review. That gives you time to file suit after the panel concludes.
The certificate of compliance
Except in dental cases, you must receive a certificate of compliance from the Division before initiating the action (§ 78B-3-412(1)(b)). Without it, the court can dismiss. Keep the certificate with your litigation file.
Who counts as a "health care provider"
The Act defines "health care provider" broadly to include hospitals and health care facilities, physicians, physician assistants, nurses, nurse-midwives, midwives, dentists and hygienists, pharmacists, therapists, psychologists, chiropractors, naturopaths, and others who render health care or professional services. Facilities include general acute hospitals, nursing care facilities, assisted living facilities, birthing centers, ambulatory surgical facilities, and others.
Practical tips
- Start early. Gathering records and expert review takes time; the 90-day notice and up-to-180-day panel review lengthen the timeline.
- Be specific in the notice. The statute requires specific allegations of misconduct.
- Keep proof of service and file the panel request within 60 days.
- Government providers have additional notice rules; see Utah Governmental Immunity Act Claims.
Frequently asked questions
Can I skip the panel review?
No. It's compulsory for malpractice actions against providers other than dentists and dental care providers, though the Division can issue a certificate of compliance if the review doesn't occur for reasons the statute describes.
Is the panel's opinion binding?
No. It's informal and nonbinding.
How long does the Division have to complete a review?
180 days from the request, unless the parties agree in writing to a longer period.
Does serving a notice of intent pause the deadline?
Not by itself, but if served less than 90 days before the deadline it extends the time to 120 days from service, and a panel-review request tolls the limitation period.
Do I need a notice of intent for a dentist?
Yes, but the prelitigation panel and certificate of compliance don't apply to dentists and dental care providers.