27-12-601. Selection of presiding officer. At or prior to the time set for the hearing, the attorney members of the panel shall select a presiding officer, who must be an attorney. History: En. Sec. 29, Ch. 262, L. 1989; amd. Sec. 627, Ch. 56, L. 2009.
27-12-602. Questions panel must decide. Upon consideration of all relevant evidence, 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. Sec. 30, Ch. 262, L. 1989.
27-12-603. Deliberations to be secret — voting. The deliberations of the panel are confidential. Each vote of the panel on a question for discussion must be by secret ballot. The decision must be by a majority vote of those voting members of the panel who sat during the case. History: En. Sec. 31, Ch. 262, L. 1989.
27-12-604. Form and content of decision. (1) The decision must: (a) be in writing and signed by the presiding officer; (b) contain only the conclusions reached by a majority of the panel; and (c) list the number of dissenting members, if any. (2) The majority may briefly explain the reasoning and the basis for its decision, and the dissenters may […]
27-12-605. Decision to be filed and copies sent to parties, attorneys, and licensing board. A copy of the decision must be: (1) given to the parties and their attorneys; and (2) retained in the permanent files of the panel. History: En. Sec. 33, Ch. 262, L. 1989; amd. Sec. 3, Ch. 199, L. 2005.
27-12-606. Decision not binding — settlement agreements. The panel’s decision is without administrative or judicial authority and is not binding upon a party. The panel may recommend an award or approve a settlement agreement. An approved settlement agreement is binding on the parties. History: En. Sec. 34, Ch. 262, L. 1989.
