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Labelle v. McKay Dee Hospital Center2/20/2004
edings" a "condition precedent to commencing litigation" in section 78-14-12(1)(c), the Malpractice Act expressly conditions the initiation of a malpractice action on the filing of a notice to commence action. See Utah Code Ann. ยง 78-14-8. If the health care providers' view that "proceedings" as used in section 78-14-12(1)(c) applies to prelitigation activities generally, the language of section 78-14-8 would be mere surplusage.
In explaining our approach to statutory interpretation, we stated:
Statutory enactments are to be construed as to render all parts thereof relevant and meaningful. Likewise, we are compelled to give the statutory language meaning and to assume that each term in the statute was used advisedly . . . unless such a reading is unreasonably confused or inoperable. We will avoid an interpretation which renders portions of, or words in, a statute superfluous or inoperative.
Platts v. Parents Helping Parents, 947 P.2d 658, 662 (Utah 1977) (citing Jensen v. Intermountain Health Care, Inc., 697 P.2d 903, 906 (Utah 1984); Millet v. Clark Clinic Corp., 609 P.2d 934, 936 (Utah 1980); Savage Indus., Inc. v. State Tax Comm'n, 811 P.2d 664, 679 (Utah 1991); State v. Hunt, 906 P.2d 311, 312 (Utah 1995)). The application of these principles here underscores our conclusion that the request for prelitigation review mailing requirement is not a section 78-14-12(1)(c) proceeding.
We do not ignore the fact that the requirement that the request for prelitigation panel review be mailed to the health care providers is mandatory. A claimant's failure to comply with this requirement may well warrant sanction by either the Division of Professional Licensing or the district court. The mailing requirement is, however, a minor component of the Malpractice Act's prelitigation scheme. It serves a wholly informational role, and it is difficult to envision how a health care provider could be prejudiced by being deprived of a copy of the claimant's request for prelitigation panel review.
Accordingly, we reverse the decision of the district court and remand for further proceedings consistent with this opinion.
Chief Justice Durham, Associate Chief Justice Durrant,
Justice Wilkins, and Justice Parrish concur in Justice Nehring's opinion.
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