671-16 Subsequent litigation; excluded evidence.
§671-16 Subsequent litigation; excluded evidence. [(a)] The party initiating the inquiry may institute litigation based upon the circumstances of the inquiry in an appropriate court only after the medical inquiry and conciliation panel proceedings were terminated pursuant to section 671-15; a party has participated in alternative dispute resolution pursuant to section 671-16.6; or the twelve-month […]
671-16.5 Arbitration; subsequent litigation.
§671-16.5 Arbitration; subsequent litigation. Any person or the person’s representative claiming that a medical tort has been committed or any health care provider against whom an inquiry has been made may elect to bypass the court annexed arbitration program under section 601-20 after the inquiry has been submitted to the medical inquiry and conciliation panel […]
671-16.6 Submission of inquiry to an alternative dispute resolution provider.
§671-16.6 Submission of inquiry to an alternative dispute resolution provider. (a) Any inquiry initially filed with the medical inquiry and conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the parties and with the written approval of the director of commerce and consumer affairs. The […]
671-17 Immunity of panel members from liability.
§671-17 Immunity of panel members from liability. No member of a medical inquiry and conciliation panel shall be liable in damages for libel, slander, or other defamation of character of any party to a medical inquiry and conciliation panel proceeding for any action taken or any decision, conclusion, finding, or recommendation made by the member […]
671-18 Statute of limitations tolled.
§671-18 Statute of limitations tolled. The filing of the inquiry with the medical inquiry and conciliation panel or with an approved or agreed upon alternative dispute resolution provider shall toll any applicable statute of limitations, and the statute of limitations shall remain tolled until sixty days after the termination of the panel or the notification […]
671-19 Duty to cooperate; assessment of costs and fees.
§671-19 Duty to cooperate; assessment of costs and fees. [(a)] It shall be the duty of every person who files an inquiry with the medical inquiry and conciliation panel, every health care provider against whom the inquiry is made, and every insurance carrier or other person providing medical tort liability insurance for the health care […]
671-20 Annual report.
§671-20 Annual report. The director of commerce and consumer affairs shall prepare and submit to the legislature annually, twenty days prior to the convening of each regular session, a report containing the director’s evaluation of the operation and effects of this chapter. The report shall include a summary of the inquiries brought before the medical […]
671-11 Medical inquiry and conciliation panels; composition, selection, compensation.
Note Part heading amended by L 2012, c 296, pt of §4. §671-11 Medical inquiry and conciliation panels; composition, selection, compensation. (a) There are established medical inquiry and conciliation panels which shall facilitate the resolution of inquiries regarding the rendering of professional services by health care providers that involve injury, death, or other damages to […]
671-11.5 Waiver of filing fee. (a) If any party to an inquiry cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department, showing in detail: (1) The party’s inability to pay the filing fee; (2) The party’s belief that the party is entitled to redress; and (3) A statement of the issues that the party intends to present at proceedings before a medical inquiry and conciliation panel. (b) The director shall decide on the motion to waive the filing fee as expeditiously as possible, and no oral arguments shall be permitted. (c) If the director grants the motion to waive the filing fee, the party may proceed without further application to the director or panel, and without payment of the filing fee. If the motion is denied, the director shall state the reasons for the denial in writing. The director shall promptly provide the party with a filed copy of the director’s order granting or denying the motion. (d) If a motion to waive the filing fee is denied by the director, the party may seek judicial review under section 91-14. (e) If the director denies a party’s motion to waive the filing fee, the party shall pay the filing fee within thirty days after the denial of the motion, unless the party has filed an appeal under section 91-14. If the party has filed an appeal under section 91-14, the party may proceed without payment of the filing fee, until the time that a final judicial determination is rendered. (f) If the party files an appeal under section 91-14, and the court upholds the director’s denial of the aggrieved party’s motion to waive the filing fee, the party shall pay the filing fee within thirty days after the court’s affirmation of the denial. If the court determines that the party’s motion for waiver of the filing fee was improperly denied, the party shall be entitled to proceed without payment of the filing fee. [L 1995, c 213, §1; am L 2012, c 296, pt
§671-11.5 Waiver of filing fee. (a) If any party to an inquiry cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department, showing in detail: […]
671-12 Review by panel required; notice; presentation of inquiry; request for a more definite statement of the inquiry.
§671-12 Review by panel required; notice; presentation of inquiry; request for a more definite statement of the inquiry. (a) Any person or the person’s representative having concerns regarding the existence of a medical tort shall submit an inquiry to the medical inquiry and conciliation panel before a suit based on the circumstances of the inquiry […]