12-570

12-570. Malpractice settlement or award
reporting; civil penalty; definition

A. If a medical malpractice action or an action brought under section 46-455
against a nursing care institution is settled or a court enters a monetary judgment:

1. The professional liability insurers shall provide the defendant's health
profession regulatory board with all information required to be filed with the national
practitioner data bank pursuant to Public Law 99-660. In the case of an action brought
under section 46-455 against a nursing care institution, the information shall be
provided to the department of health services.

2. The plaintiff's attorney shall provide the defendant's health profession
regulatory board, or, in the case of an action brought against a nursing care
institution, the department of health services, with the notice described in subsection B
of this section, a copy of the complaint and a copy of either the agreed terms of
settlement or the judgment. The attorney shall provide this notice and these documents
within thirty days after a settlement is reached or a judgment is entered.

B. The notice required by subsection A of this section shall contain the following
information:

1. The name and address of each defendant.

2. The name, date of birth and address of each plaintiff.

3. The date and location of the occurrence which created the claim.

4. A statement specifying the nature of the occurrence resulting in the malpractice
action.

5. A copy of all expert witness depositions, a transcript of all expert witness
court testimony or a written evaluation of the case by an expert witness.

C. The notice required by subsection A of this section is not discoverable and not
admissible as evidence.

D. An attorney who does not supply the information required by subsections A and B
of this section within thirty days after the notice of settlement or judgment is due
under subsection A of this section is subject to a civil penalty of five hundred dollars.

E. A confidentiality clause in a settlement agreement does not apply to the
reporting requirements of this section.

F. For the purposes of this section, "health profession regulatory board" has the
same meaning prescribed in section 32-3201.