McGUIRE v. U. OF UTAH MEDICAL CENTER

Nos. 15984, 16252, 16266 and 16329.

603 P.2d 786 (1979)

Michelle McGUIRE and Paul McGuire, Plaintiffs and Appellants, v. UNIVERSITY OF UTAH MEDICAL CENTER, Harrison Lazarus, E.D. Slawson and John and Jane Does I through X, Defendants and Respondents. Aline Babette HACKNEY, Jack Lee Hancock, Robert Aaron Hancock and Eileen Hancock, individually and as Guardian ad Litem for Paul Ivan Hancock, Mathew Green Hancock and David Lawrence Hancock, Plaintiffs and Appellants, v. RUMEL CHEST CLINIC, Harold V. Liddle, Richard J. Nelson and Quinton S. Harris, Defendants and Respondents. Zeblen V. WHITE, by and through his Guardian ad Litem, Dorene Zundel, Plaintiff and Appellant, v. INTERMOUNTAIN HEALTH CARE, INC., et al., Defendants and Respondents. Larry CLEGHORN, Plaintiff and Appellant, v. Dr. SCHOW, Dr. Wilfert, T. Kenneth Orton, Boyd G. Holbrook, Thomas D. Noonan, John Doe, and St. Mark's Hospital, Defendants and Respondents.

Supreme Court of Utah.

November 1, 1979.


Attorney(s) appearing for the Case

Jackson Howard of Howard, Lewis & Petersen, Provo, for McGuire.

D. Gary Christian of Kipp & Christian, Merlin Lybbert of Snow, Christensen & Martineau, Salt Lake City, for University Medical Center.

Richard F. Bojanowski, Salt Lake City, for Hackney et al.

John H. Snow of Snow, Christensen & Martineau, Salt Lake City, for Rumel Clinic.

R.M. Child, Salt Lake City, for Harris and Nelson.

Robert F. Orton of Hansen & Orton, Salt Lake City, for White.

Larry R. White of Kirton & McConkie, Ramon M. Child, Salt Lake City, for Intermountain Health Care.

Richard W. Giauque and Ross C. Anderson of Berman & Giauque, Salt Lake City, for Cleghorn.

R.M. Child, Salt Lake City, for Orton.

J. Anthony Eyre of Kipp & Christian, John H. Snow of Snow, Christensen & Martineau, Salt Lake City, for Schow et al.


STEWART, Justice:

The appeals in the above four cases are from orders of trial courts dismissing malpractice actions pursuant to the Utah Health Care Malpractice Act. In each case the claim for relief alleged arose prior to the effective date of the Malpractice Act, and an action was filed within the time permitted by the appropriate statute of limitations. No notice of intent to sue under § 78-14-8 of that Act was filed prior to the commencement of the actions...

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