§671-15  Same, decisions.  (a)  Within
thirty days after the completion of a hearing, the medical claim conciliation
panel shall file a written advisory decision with the insurance commissioner
who shall thereupon mail copies to all parties concerned, their counsel, and
the representative of each health care provider's liability insurance carrier
authorized to act for such carrier, as appropriate.  The insurance commissioner
also shall mail copies of the advisory decision to the department of commerce
and consumer affairs, if the claim is against a physician, osteopathic
physician, or surgeon licensed under chapter 453 or a podiatrist licensed under
chapter 463E.  The panel shall decide the issue of liability and shall state
its conclusions in substantially the following language:  "We find the
health care provider was actionably negligent in his or her care and treatment
of the patient and we, therefore, find for the claimant"; or "We find
the health care provider was not actionably negligent in his or her care and
treatment of the patient and we, therefore, find for the health care
provider".



(b)  After a finding of liability, the medical
claim conciliation panel shall decide the amount of damages, if any, which
should be awarded in the case.  The decision as to damages shall include in
simple, concise terms a division as to which portion of the damages recommended
are attributable to economic losses and which to noneconomic losses; provided
the panel may not recommend punitive damages.



(c)  The decisions shall be signed by all
members of the medical claim conciliation panel; provided that any member of
the panel may file a written concurring or dissenting opinion.



(d)  The advisory decision required by this
section need not be filed if the claim is settled or otherwise disposed of
before the decision is written or filed. [L 1976, c 219, pt of §2; am L 1978, c
60, §2; am L 1983, c 223, §6; am L 1984, c 168, §18; am L 1985, c 197, §23; am
L 1992, c 55, §5; am L 2009, c 11, §70]



 



Note



 



  The 2009 amendment is retroactive to April 3, 2008.  L 2009,
c 11, §76(2).