65-4901.Medical malpractice screening panels;convening; membership;chairperson; list of health care providers by state agency.(a) If a petition is filed in a district court of this state claimingdamages for personal injury or death on account of alleged medicalmalpractice of a health care provider and one of the parties to the actionrequests, by filing a memorandum with the court, that a medical malpracticescreening panel be convened, the judge of thedistrict court or, if the district court has more than one division, thechief judge of such court shall convene a medicalmalpracticescreening panel, hereafter referred to as the "screening panel." If a petitionis filed in a district court of this state claiming damages for personalinjury or death on account of alleged medical malpractice of a health careprovider and none of the parties to the action requests that a screeningpanel be convened, the judge may convene a screening panel upon the judge'sown motion. If a claim for damages for personal injury or death on accountof alleged medical malpractice of a health care provider has not beenformalizedby 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 districtcourt has more than one division, the chief judge ofsuch courtshall convene a screening panel. If a petition or claim is filed naming morethan one defendant or more than one person against whom a claim is being made,each defendant or person is entitled to request a screening panel.
(b) Themembership of the screening panel shall be selected as follows:(1) Ahealth care provider designated by the defendant or by the personagainst whom the claim is made if no petition has been filed;(2) ahealth care provider designated by the plaintiff or by the claimant ifno petition has been filed; (3) a health care providerselected jointlyby the plaintiff and the defendant or by the claimant and the personagainst whom the claim is made if no petition has been filed; and(4) anattorney selected by the judge of the district court or, if the districtcourt has more than one division, the chief judge ofsuch courtfrom a list of attorneys maintained by the judge of the district courtor, if the district court has more than one division, thechiefjudge of such court for such purpose. Such attorney shall be anonvoting member of the screening panel but shall act as chairperson ofthe screening panel.
(c) The state agency which licenses, registers,certifies or otherwise is responsible for the practice of any group ofhealth care providers shall maintain and make available to the partiesto the proceeding a current list of health care providers whoarewilling and available to serve on the screening panel. The personsappointed shall constitute the screening panel for the particularmedical malpractice claim to be heard.
History: L. 1976, ch. 249, § 1; L. 1979, ch. 206, § 1;L. 1999, ch. 57, § 63;L. 2008, ch. 80, § 5; July 1.
65-4901.Medical malpractice screening panels;convening; membership;chairperson; list of health care providers by state agency.(a) If a petition is filed in a district court of this state claimingdamages for personal injury or death on account of alleged medicalmalpractice of a health care provider and one of the parties to the actionrequests, by filing a memorandum with the court, that a medical malpracticescreening panel be convened, the judge of thedistrict court or, if the district court has more than one division, thechief judge of such court shall convene a medicalmalpracticescreening panel, hereafter referred to as the "screening panel." If a petitionis filed in a district court of this state claiming damages for personalinjury or death on account of alleged medical malpractice of a health careprovider and none of the parties to the action requests that a screeningpanel be convened, the judge may convene a screening panel upon the judge'sown motion. If a claim for damages for personal injury or death on accountof alleged medical malpractice of a health care provider has not beenformalizedby 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 districtcourt has more than one division, the chief judge ofsuch courtshall convene a screening panel. If a petition or claim is filed naming morethan one defendant or more than one person against whom a claim is being made,each defendant or person is entitled to request a screening panel.
(b) Themembership of the screening panel shall be selected as follows:(1) Ahealth care provider designated by the defendant or by the personagainst whom the claim is made if no petition has been filed;(2) ahealth care provider designated by the plaintiff or by the claimant ifno petition has been filed; (3) a health care providerselected jointlyby the plaintiff and the defendant or by the claimant and the personagainst whom the claim is made if no petition has been filed; and(4) anattorney selected by the judge of the district court or, if the districtcourt has more than one division, the chief judge ofsuch courtfrom a list of attorneys maintained by the judge of the district courtor, if the district court has more than one division, thechiefjudge of such court for such purpose. Such attorney shall be anonvoting member of the screening panel but shall act as chairperson ofthe screening panel.
(c) The state agency which licenses, registers,certifies or otherwise is responsible for the practice of any group ofhealth care providers shall maintain and make available to the partiesto the proceeding a current list of health care providers whoarewilling and available to serve on the screening panel. The personsappointed shall constitute the screening panel for the particularmedical malpractice claim to be heard.
History: L. 1976, ch. 249, § 1; L. 1979, ch. 206, § 1;L. 1999, ch. 57, § 63;L. 2008, ch. 80, § 5; July 1.
65-4901.Medical malpractice screening panels;convening; membership;chairperson; list of health care providers by state agency.(a) If a petition is filed in a district court of this state claimingdamages for personal injury or death on account of alleged medicalmalpractice of a health care provider and one of the parties to the actionrequests, by filing a memorandum with the court, that a medical malpracticescreening panel be convened, the judge of thedistrict court or, if the district court has more than one division, thechief judge of such court shall convene a medicalmalpracticescreening panel, hereafter referred to as the "screening panel." If a petitionis filed in a district court of this state claiming damages for personalinjury or death on account of alleged medical malpractice of a health careprovider and none of the parties to the action requests that a screeningpanel be convened, the judge may convene a screening panel upon the judge'sown motion. If a claim for damages for personal injury or death on accountof alleged medical malpractice of a health care provider has not beenformalizedby 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 districtcourt has more than one division, the chief judge ofsuch courtshall convene a screening panel. If a petition or claim is filed naming morethan one defendant or more than one person against whom a claim is being made,each defendant or person is entitled to request a screening panel.
(b) Themembership of the screening panel shall be selected as follows:(1) Ahealth care provider designated by the defendant or by the personagainst whom the claim is made if no petition has been filed;(2) ahealth care provider designated by the plaintiff or by the claimant ifno petition has been filed; (3) a health care providerselected jointlyby the plaintiff and the defendant or by the claimant and the personagainst whom the claim is made if no petition has been filed; and(4) anattorney selected by the judge of the district court or, if the districtcourt has more than one division, the chief judge ofsuch courtfrom a list of attorneys maintained by the judge of the district courtor, if the district court has more than one division, thechiefjudge of such court for such purpose. Such attorney shall be anonvoting member of the screening panel but shall act as chairperson ofthe screening panel.
(c) The state agency which licenses, registers,certifies or otherwise is responsible for the practice of any group ofhealth care providers shall maintain and make available to the partiesto the proceeding a current list of health care providers whoarewilling and available to serve on the screening panel. The personsappointed shall constitute the screening panel for the particularmedical malpractice claim to be heard.
History: L. 1976, ch. 249, § 1; L. 1979, ch. 206, § 1;L. 1999, ch. 57, § 63;L. 2008, ch. 80, § 5; July 1.
