In its opinion filed on July 19, 2019, the Supreme Court of the State of Utah (“Utah Supreme Court”) ruled that the requirement in the Utah Health Care Malpractice Act (“Act”) that Utah medical malpractice claimant obtain certificate of compliance from the Division of Occupational and Professional Licensing (DOPL) violates Article VIII, section of the Utah Constitution—the judicial power provision—by allowing DOPL to exercise the core judicial function of ordering the final disposition of claims without judicial review. Accordingly, we find the offending provisions in the Act unconstitutional, reverse the district court’s grant of appellees’ motion to dismiss, and remand this case for determination on the merits. After the conclusion of the surgery, Mr. Utah medical malpractice action under the
Utah Supreme Court Rules Part Of Utah Health Care Malpractice Act Is Unconstitutional – Medical Malpractice Lawyers
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