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: […]
§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 […]
§671-12.5 Certificate of consultation. (a) Any inquiry filed with the medical inquiry and conciliation panel under this chapter shall be accompanied by a certificate that declares one of the following: (1) That the party initiating the inquiry or the party’s attorney has consulted with at least one physician who is licensed to practice in this […]
§671-13 Medical inquiry and conciliation panel proceedings; voluntary settlement. [(a)] Every inquiry regarding a medical tort shall be processed by the medical inquiry and conciliation panel within thirty days after the last date for filing a response. No persons other than the panel, witnesses, and consultants called by the panel, and the persons listed in […]
§671-14 Same; persons attending proceedings of panel. Unless excluded or excused by the panel, the following persons shall attend proceedings before the panel: (1) The party or parties submitting the inquiry; (2) The health care provider or providers against whom the inquiry is submitted or representatives thereof, other than counsel, authorized to act for the […]
§671-15 Panel termination. The director of commerce and consumer affairs or the panel shall notify all affected parties upon termination of panel proceedings. At the discretion of the director or the panel, a notice of termination may state whether any party or parties to the matter failed to meet the requirements of this part or […]
§671-15.5 Expungement of records; malpractice insurance rates. (a) A health care provider may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if the panel agrees that the inquiry did not provide a sufficient basis to support the finding of a medical tort against the […]
§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. 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. (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. 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. 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. [(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. 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 […]
