27-6-704. Panel proceedings and decision privileged from disclosure in court actions
27-6-704. Panel proceedings and decision privileged from disclosure in court actions. (1) A panel member may not be called to testify in a proceeding concerning the deliberations, discussions, decisions, and internal proceedings of the panel. (2) The decision and the reasoning and basis for the decision of the panel are not admissible as evidence in an action […]
27-6-602. Questions panel must decide
27-6-602. Questions panel must decide. Upon consideration of all the relevant material, the panel shall decide whether there is: (1) substantial evidence that the acts complained of occurred and that they constitute malpractice; and (2) a reasonable medical probability that the patient was injured thereby. History: En. 17-1312 by Sec. 12, Ch. 449, L. 1977; R.C.M. 1947, 17-1312(part).
27-6-603. Deliberations to be secret — voting
27-6-603. Deliberations to be secret — voting. The deliberations of the panel are confidential. All votes of the panel on the questions for discussion shall be by secret ballot. The decision shall be by a majority vote of those voting members of the panel who sat on the entire case. History: En. 17-1312 by Sec. 12, Ch. […]
27-6-604. Form and content of decision
27-6-604. Form and content of decision. The decision must in every case be signed for the panel by the presiding officer, must contain only the conclusions reached by a majority of its members, and must list the number of members, if any, dissenting from the opinion. Upon request of any party, the majority shall briefly explain […]
27-6-605. Decision to be filed and copies sent to parties, attorneys, and licensing board
27-6-605. Decision to be filed and copies sent to parties, attorneys, and licensing board. The decision shall be communicated in writing to the parties and attorneys concerned, and a copy thereof shall be retained in the permanent files of the panel. A copy of the decision shall be sent to the health care provider’s professional licensing […]
27-6-606. Decision not binding — settlement agreements — nonbinding mediation
27-6-606. Decision not binding — settlement agreements — nonbinding mediation. (1) The panel’s decision is without administrative or judicial authority and is not binding upon any party. (2) The panel may recommend an award, approve settlement agreements, and discuss the settlement agreements, all in a manner consistent with this part. All approved settlement agreements are binding on […]
27-6-701. No court action before application to and decision by panel
27-6-701. No court action before application to and decision by panel. No malpractice claim may be filed in any court against a health care provider before an application is made to the panel and its decision is rendered. History: En. 17-1307 by Sec. 7, Ch. 449, L. 1977; R.C.M. 1947, 17-1307(1).
27-6-702. Tolling of statute of limitations
27-6-702. Tolling of statute of limitations. The running of the applicable limitation period related to a malpractice claim is tolled upon receipt by the director of the application for review as to all health care providers named in the application as parties to the panel proceeding and as to all other persons or entities named in […]
27-6-703. Records of proceedings — confidentiality
27-6-703. Records of proceedings — confidentiality. The director shall maintain records of all proceedings before the panel, which must include the nature of the act or omissions complained of, a brief summary of the evidence expressed, the decision of the panel, and any majority or dissenting opinions filed. Any records which may identify any party to […]
27-6-503. Conclusion of hearing — supplemental hearing
27-6-503. Conclusion of hearing — supplemental hearing. (1) At the conclusion of the hearing, the panel may take the case under advisement or may request that additional facts, records, witnesses, or other information be obtained and presented to it at a supplemental hearing, which must be set for a date and time certain, not longer than […]