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DANIELS v. GAMMA WEST BRACHYTHERAPY, LLC

No. 20080201.

221 P.3d 256 (2009)

2009 UT 66

Ralph L. DANIELS and Tracey H. Daniels, Plaintiffs and Appellant, v. GAMMA WEST BRACHYTHERAPY, LLC; John K. Hayes; Salt Lake Regional Medical Center; and University Hospital, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied November 23, 2009.

Attorney(s) appearing for the Case

Kay Burningham, Salt Lake City, for plaintiff.

George T. Naegle, Robert G. Wright, Brandon B. Hobbs, Zachary E. Peterson, Salt Lake City, for defendants.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 The Utah Health Care Malpractice Act requires a patient to bring a claim for malpractice no more than two years after the patient discovers or should have discovered the injury. We have interpreted this requirement to mean a patient must discover the legal injury—that is, both the fact of injury and that it resulted from negligence— before the statute of limitations begins to run. In this case, the...

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