519-B:1 Findings, Purpose, and Intent. – I. Availability and affordability of insurance against liability for medical injury is essential for the protection of patients as well as assuring availability of and access to essential medical and hospital care. This chapter affirms the intent of the general court to contain the costs of the medical […]
519-B:10 Effect of Panel Findings. – Unanimous findings entered by the panel under RSA 519-B:6, I shall be implemented as follows: I. If findings are in the plaintiff’s favor, the defendant shall promptly enter into negotiations to pay the claim or admit liability. If liability is admitted, the claim may be submitted to the […]
519-B:11 Repealed by 2005, 197:3, I, eff. Dec. 31, 2010. –
519-B:12 Repealed by 2005, 197:3, II, eff. Dec. 31, 2010. –
519-B:13 Repealed by 2011, 241:2, I, eff. Dec. 31, 2013. –
519-B:14 Repealed by 2011, 241:2, II, eff. Dec. 31, 2013. –
519-B:15 Repealed by 2014, 212:3, I, eff. Dec. 1, 2018. –
519-B:16 Repealed by 2014, 212:3, II, eff. Dec. 1, 2018. –
519-B:2 Definitions. – In this chapter: I. "Action for medical injury" means an action for medical injury as defined in RSA 507-E:1, I. II. "Medical care provider" means a medical care provider as defined in RSA 507-E:1, II. III. "Medical injury" means a medical injury as defined in RSA 507-E:1, III. Source. 2005, 197:1, […]
519-B:3 Formation and Procedure. – I. The chief justice of the superior court shall maintain a list of retired judges, persons with judicial experience, and other qualified persons to serve on screening panels under this chapter, from which he or she shall choose a panel chairperson under paragraph II of this section. The chief […]
519-B:4 Panel Procedures. – I. All documents filed with the court in a medical injury action that are part of the screening process are confidential. II. Within 20 days of the service date specified by the court on the summons, the person or persons accused shall contact the claimant’s counsel and by agreement shall […]
519-B:5 Hearing. – I. (a) The claimant or a representative of the claimant shall present the case before the panel. The person accused of professional negligence or that person’s representative shall make a responding presentation. The panel shall afford the parties wide latitude in the conduct of the hearing including, but not limited to, […]
519-B:6 Findings by Panel. – I. At the conclusion of the presentations, the panel shall make its findings regarding negligence and causation in writing within 30 days by answering the following questions: (a) Whether the acts or omissions complained of constitute a deviation from the applicable standard of care by the medical care provider […]
519-B:7 Notification of Findings. – The panel’s findings, signed by the panel members, indicating their vote, shall be sent by registered or certified mail to the parties within 7 days of the date of the findings. The findings and record of the hearing shall be preserved until 30 days after final judgment or final […]
519-B:8 Confidentiality and Admissibility. – I. Except as provided in this section, all proceedings before the panel, including its final determinations, shall be treated as private and confidential by the panel and the parties to the claim. (a) The findings and other writings of the panel and any evidence and statements made by a […]
519-B:9 Mandatory Instructions. – I. When panel findings are offered and admitted into evidence in a subsequent court action in accordance with RSA 519-B:8, I(b) or (c), the trial court shall provide the following information to the jury to provide a basis for the jury to understand the nature of the panel findings and […]