Statute 65-4901: Medical malpractice screening panels;
convening; membership;
chairperson; list of health care providers by state agency.
If a petition is filed in a district court of this state claiming
damages for personal injury or death on account of alleged medical
malpractice of a health care provider and one of the parties to the action
requests, by filing a memorandum with the court, that a medical malpractice
screening panel be convened, the judge of the
district court or, if the district court has more than one division, the
chief judge of such court shall convene a medical
malpractice
screening panel, hereafter referred to as the "screening panel." If a petition
is filed in a district court of this state claiming damages for personal
injury or death on account of alleged medical malpractice of a health care
provider and none of the parties to the action requests that a screening
panel be convened, the judge may convene a screening panel upon the judge's
own motion. If a claim for damages for personal injury or death on account
of alleged medical malpractice of a health care provider has not been
formalized
by the filing of a petition, any party affected by such claim may request,
by filing a memorandum with the court, that a screening panel be convened,
and if such request is made the judge of the district court or, if the district
court has more than one division, the chief judge of
such court
shall convene a screening panel.
The
membership of the screening panel shall be selected as follows: (a) A
health care provider designated by the defendant or by the person
against whom the claim is made if no petition has been filed; (b) a
health care provider designated by the plaintiff or by the claimant if
no petition has been filed; (c) a health care provider selected jointly
by the plaintiff and the defendant or by the claimant and the person
against whom the claim is made if no petition has been filed; and (d) an
attorney selected by the judge of the district court or, if the district
court has more than one division, the chief judge of
such court
from a list of attorneys maintained by the judge of the district court
or, if the district court has more than one division, the
chief
judge of such court for such purpose. Such attorney shall be a
nonvoting member of the screening panel but shall act as chairperson of
the screening panel.
The state agency which licenses, registers,
certifies or otherwise is responsible for the practice of any group of
health care providers shall maintain and make available to the parties
to the proceeding a current list of health care providers who are
willing and available to serve on the screening panel. The persons
appointed shall constitute the screening panel for the particular
medical malpractice claim to be heard.
History: L. 1976, ch. 249, § 1; L. 1979, ch. 206, § 1;
L. 1999, ch. 57, § 63; July 1.