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B.R. EX REL. JEFFS v. WEST

No. 20110207.

275 P.3d 228 (2012)

2012 UT 11

B.R., a minor child, and C.R., a minor child, through their conservator William M. JEFFS, Plaintiffs and Appellants, v. Trina WEST, Hugo Rodier, Pioneer Comprehensive Medical Clinic, and John Does I-X, Defendants and Appellees.

Supreme Court of Utah.

February 28, 2012.

Attorney(s) appearing for the Case

Allen K. Young , Tyler S. Young , Provo, Jonah Orlofsky, Chicago, IL, for appellants.

Stephen W. Owens , J. Kevin Murphy , Vaun B. Hall , Salt Lake City, Michael K. McKell , Paul McArthur , Provo, for appellees.

Tawni J. Anderson , for amici Utah Medical Association, Utah Psychiatric Association, Utah Hospitals and Health Systems Association, and American Medical Association.

Justice LEE, opinion of the Court:

¶ 1 In this case we are asked to determine whether a physician owes nonpatients a duty to exercise reasonable care in the affirmative act of prescribing medications that pose a risk of injury to third parties. We uphold such a duty, while clarifying the nature of the legal analysis relevant to duty in tort, the factors relevant to its evaluation, and its relation to matters of breach and proximate cause.

I

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