Article Health-Care Providers and the Duty to Report, 0418 UTBJ, Vol. 31, No. 2. 34
Author | Hailey Bandy, Greg Osborne, Scott Smith, Elena Todorova, and Liz Winter, J. |
Position | Vol. 31 2 Pg. 34 |
March, 2018
Hailey Bandy, Greg Osborne, Scott Smith, Elena Todorova, and Liz Winter, J.
In certain circumstances, Utah statutes require health-care providers to report to legal authorities. For context, we turn to a surprising source of authority: Will Smith from The Fresh Prince of Bel-Air.
In the episode, “Just Say Yo,” Will accepts some pills from a friend to deal with his high school schedule. Will’s cousin, Carlton, finds the pills in Will’s locker, believes they are multivitamins, and pops a few pills from Will’s stash.
Later, unknowingly hopped-up on Will’s pills, Carlton dances at a frenetic pace until he collapses on the floor. Will, realizing that Carlton must have taken his pills, rushes him to the hospital.
At the hospital, Will faces a dilemma: should he tell his uncle (a federal judge) that the pills were his, or should he stay silent and allow Carlton to suffer the consequences? After some thought, Will tearfully reports to his family that Carlton took the pills from his locker.
As lawyers, we advise our clients that they typically do not have a “duty to warn” or report, “even if one realizes that [another person] is at risk of injury.” Fabend v. Rosewood Hotels & Resorts, L.L.C., 381 F.3d 152, 155 (3d Cir. 2004); see also Beach v. Univ. of Utah, 726 P.2d 413, 415 (Utah 1986) (“Ordinarily, a party does not have an affirmative duty to care for another.”). This encompasses the idea that, usually, a person aware that another is “about to step into the street in front of an approaching vehicle” does not have a duty to warn the soon-to-be-injured person. Restatement of to Rts, § 314, cmt. b, illus. 1, & cmt. c (1965).
However, several Utah statutes, which are of specific importance for health-care providers, create an affirmative duty to report. For example, a health-care provider who treats a child that “has been subjected to abuse or neglect…shall immediately notify the nearest peace officer, law enforcement agency, or office of the [Division of Child and Family Services].” Utah Code Ann. § 62A-4a-403(1)(a).
Because it’s easier to remember general rules than their specific exceptions, we crafted the below non-exhaustive table to outline some of Utah’s statutorily imposed duties to report. In reviewing this table, let us be more like Will. Let us recognize...
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