A Utah appeals court recently extended medical malpractice liability of healthcare providers to the patient's family. This case involved a murder where the husband, while under the influence of medication, shot his wife. The children are now suing the healthcare provider because their dad stated he would not have shot anyone if he was not on the medication. While the defendants claimed the children cannot be party to the case, the court declared liability on the healthcare providers does exists when the provider's negligent prescriptions cause physical injury to non-patients.
This decision will most likely be appealed and sent to the Supreme Court in Utah; however, this is an industry changing decision. If the Supreme Court upholds the appellate court's decision, healthcare providers will now have to be more cautious about treating patients since their liability would extend to non-patients as well.
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