§671-16  Subsequent litigation; excluded
evidence.  The claimant may institute litigation based upon the claim in an
appropriate court only after a party to a medical claim conciliation panel
hearing rejects the decision of the panel, or after the twelve-month period
under section 671-18 has expired.



No statement made in the course of the hearing
of the medical claim conciliation panel shall be admissible in evidence either
as an admission, to impeach the credibility of a witness, or for any other
purpose in any trial of the action; provided that such statements may be
admissible for the purpose of section 671-19, hereof.  No decision, conclusion,
finding, or recommendation of the medical claim conciliation panel on the issue
of liability or on the issue of damages shall be admitted into evidence in any
subsequent trial, nor shall any party to the medical claim conciliation panel
hearing, or the counsel or other representative of such party, refer or comment
thereon in an opening statement, an argument, or at any other time, to the
court or jury; provided that such decision, conclusion, finding, or
recommendation may be admissible for the purpose of section 671-19, hereof. [L
1976, c 219, pt of §2; am L 1980, c 88, §3; am L 2003, c 211, §3]



 



Case Notes



 



  Claim was allowed to be heard because there was substantial
compliance with procedural requirements.  69 H. 305, 741 P.2d 1280.



  Where certain counts of plaintiff's complaint alleged errors
or omissions in professional practice by a health care provider, thus falling
under the definition of "medical tort" under §671-1(2), court
properly ruled plaintiff could not proceed with those counts of suit without
first submitting them to medical claim conciliation panel as required by
§671-12 and this section.  89 H. 188, 970 P.2d 496.



  Where plaintiff chose to sidestep requirements of §671-12 and
this section by filing suit before seeking resolution of claims by a medical
claim conciliation panel as required under these statutes, court properly
dismissed complaint.  89 H. 188, 970 P.2d 496.