672B-11 Subsequent litigation; excluded evidence.
§672B-11 Subsequent litigation; excluded evidence. [(a)] The claimant may institute litigation based upon the claim in an appropriate court only after a party to a design claim conciliation panel hearing rejects the decision of the panel, or after the twelve-month period under section 672B-15 has expired. [(b)] No statement made in the course of the […]
671D-10 Limitation of damages for professional review actions.
§671D-10 Limitation of damages for professional review actions. (a) If a professional review action of a professional review body meets all the standards specified in section 671D-11(a) except as provided in section 671D-11(b): (1) The professional review body; (2) Any person acting as a member or staff to the body; (3) Any person under a […]
672B-12 Arbitration; subsequent litigation.
§672B-12 Arbitration; subsequent litigation. Any person or the person’s representative claiming that a tort has been committed by a design professional or any design professional against whom a claim has been made may elect to bypass the court annexed arbitration program under section 601-20 after the claim has been submitted to the design claim conciliation […]
671D-11 Standards for professional review actions.
§671D-11 Standards for professional review actions. (a) For purposes of the protection set forth in section 671D-10, a professional review action must be taken: (1) In the reasonable belief that the action was in the furtherance of quality health care; (2) After a reasonable effort to obtain the facts of the matter; (3) After adequate […]
672B-13 Submission of claim to an alternative dispute resolution provider.
§672B-13 Submission of claim to an alternative dispute resolution provider. (a) Any claim initially filed with the design claim conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the parties to the claim and with the written approval of the director. The director shall approve […]
671D-12 Attorney’s fees.
§671D-12 Attorney’s fees. (a) In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 671D-11(a) and the defendant substantially prevails, the court, at the conclusion of the action, shall award to a substantially prevailing party defending against any such claim the cost of the […]
671D-13 Guidelines of the director.
§671D-13 Guidelines of the director. The director, in consultation with the director of the department of health, may adopt pursuant to chapter 91, such rules and voluntary guidelines as may assist the professional review bodies in meeting the standards described in section 671D-11(a). [L 1989, c 354, pt of §3 and c 363, pt of […]
671D-14 Construction.
§671D-14 Construction. (a) Except as specifically provided in this part, nothing in this part shall be construed as changing the liabilities or immunities under law. (b) Nothing in this part shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health […]
672B-1 Definitions.
§672B-1 Definitions. As used in this chapter: “Department” means the department of commerce and consumer affairs. “Design professional” means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464. “Director” means the director of commerce and consumer affairs. [L 2007, c 207, pt of §2]
672B-2 Administration of chapter.
§672B-2 Administration of chapter. The director shall be responsible for the implementation and administration of this chapter and shall adopt rules, in conformity with chapter 91, necessary for the purposes of this chapter. [L 2007, c 207, pt of §2]