Both sets of counsel are going far beyond the MUJI instruction, CV325, and have requested that the court give other, more detailed instructions on “discovery” of legal injury. To trigger the start of the limitations period, one side urges a knowledge to a near-certainty of medical malpractice is required; the other suggests something  like mere possibility or suspicion of malpractice.

It will be interesting to see how Judge Lawrence threads this needle in the instructions that are given to the jury. 

One thing is sure: in these proposed instructions (and accompanying arguments) you will find as careful and comprehensive a discussion of the Utah law on “discovery of injury” as I’ve ever seen.

–Defendant’s Initial Proposed Jury Instructions

–Plaintiff’s Initial Proposed Jury Instructions

–Defendant’s Amended Proposed Instructions with Argument

–Plaintiff’s “Bench Brief” on Knowledge of Legal Injury

-Plaintiff’s Second Bench Brief on “Discovery Instructions”

-Judge Lawrence’s Order on Jury Instructions

-Jury Instructions as Given to Jury