ARCHULETA v. ST. MARK'S HOSP.

Nos. 20080580, 20080572.

238 P.3d 1044 (2010)

2009 UT 36

Tina ARCHULETA, Plaintiff and Appellant, v. ST. MARK'S HOSPITAL, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied July 8, 2010.


Attorney(s) appearing for the Case

James R. Hasenyager , Peter W. Summerill , Ogden, for plaintiff.

Hugh C. Griffin , Mark A. Riekhof , Eric P. Schoonveld , Tawni J. Anderson , Salt Lake City, for defendant.

Paul M. Simmons , Salt Lake City, for amicus curiae.


DURHAM, Chief Justice:

INTRODUCTION

¶ 1 In this case, the district court improperly dismissed Tina Archuleta's negligent credentialing claim against St. Mark's Hospital on statutory grounds. We agree with Ms. Archuleta's argument on direct appeal that the plain language of Utah Code sections 58-13-5(7), 58-13-4, and 26-25-1 does not bar negligent credentialing claims brought by patients against health care providers. We reverse the district court's...

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