§671-13  Medical claim conciliation panel
hearing; fact-finding; evidence; voluntary settlement.  Every claim of a
medical tort shall be heard by the medical claim conciliation panel within
thirty days after the last date for filing a response.  No persons other than
the panel, witnesses, and consultants called by the panel, and the persons
listed in section 671-14 shall be present except with the permission of the
chairperson.  The panel may, in its discretion, conduct an inquiry of a party,
witness, or consultant without the presence of any or all parties.



The hearing shall be informal.  Chapters 91 and
92 shall not apply.  The panel may require a stenographic record of all or part
of its proceedings for the use of the panel, but such record shall not be made
available to the parties.  The panel may receive any oral or documentary
evidence.  Questioning of parties, witnesses, and consultants may be conducted
by the panel, and the panel may, in its discretion, permit any party, or any
counsel for a party to question other parties, witnesses, or consultants.  The
panel may designate who, among the parties, shall have the burden of going
forward with the evidence with respect to such issues as it may consider, and
unless otherwise designated by the panel, when medical and hospital records
have been provided to the claimant for the claimant's proper review, such
burden shall initially rest with the claimant at the commencement of the
hearing.



The panel shall have the power to require by
subpoena the appearance and testimony of witnesses and the production of
documentary evidence.  When such subpoena power is utilized, notice shall be
given to all parties.  The testimony of witnesses may be taken either orally
before the panel or by deposition.  In cases of refusal to obey a subpoena
issued by the panel, the panel may invoke the aid of any circuit court in the
State, which may issue an order requiring compliance with the subpoena. 
Failure to obey such order may be punished by the court as a contempt thereof. 
Any member of the panel, the director of the department, or any person
designated by the director of the department may sign subpoenas.  Any member of
the panel may administer oaths and affirmations, examine witnesses, and receive
evidence.  Notwithstanding such powers, the panel shall attempt to secure the
voluntary appearance, testimony, and cooperation of parties, witnesses, and
consultants without coercion.



At the hearing of the panel and in arriving at
its opinion the panel shall consider, but not be limited to, statements or
testimony of witnesses, hospital and medical records, nurses' notes, x-rays,
and other records kept in the usual course of the practice of the health care
provider without the necessity for other identification or authentication, statement
of fact, or opinion on a subject contained in a published treatise, periodical,
book, or pamphlet, or statements of experts without the necessity of the
experts appearing at the hearing.  The panel may upon the application of any
party or upon its own decision appoint as a consultant, an impartial and
qualified physician, surgeon, physician and surgeon, or other professional
person or expert to testify before the panel or to conduct any necessary
professional or expert examination of the claimant or relevant evidentiary
matter and to report to or testify as a witness thereto.  Such a consultant
shall not be compensated or reimbursed except for travel and living expenses to
be paid as provided in section 671-11.  Except for the production of hospital and
medical records, nurses' notes, x-rays, and other records kept in the usual
course of the practice of the health care provider, discovery by the parties
shall not be allowed.



During the hearing and at any time prior to the
rendition of an advisory decision pursuant to section 671-15, the panel may
encourage the parties to settle or otherwise dispose of the case voluntarily.
[L 1976, c 219, pt of §2; am L 1979, c 80, §2; am L 1983, c 223, §5; am L 1988,
c 132, §1; am L 1989, c 245, §2]



 



Case Notes



 



  Only members of a medical claim conciliation panel are
authorized to sign subpoenas and only the panel can seek assistance of the
circuit court for compliance with such subpoenas.  69 H. 419, 744 P.2d 1205.