78B-3-418 - Decision and recommendations of panel -- No judicial or other review. - Utah Statutes

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Statutes > Utah > Title-78b > Chapter-03 > 78b-3-418

78B-3-418. Decision and recommendations of panel -- No judicial or other review.
(1) (a) The panel shall issue an opinion and the division shall issue a certificate ofcompliance with the pre-litigation hearing requirements of this part in accordance with thissection.
(b) A certificate of compliance issued in accordance with this section is proof that theclaimant has complied with all conditions precedent under this part prior to the commencementof litigation as required in Subsection 78B-3-412(1).
(2) (a) The panel shall render its opinion in writing not later than 30 days after the end ofthe proceedings, and determine on the basis of the evidence whether:
(i) each claim against each health care provider has merit or has no merit; and
(ii) if a claim is meritorious, whether the conduct complained of resulted in harm to theclaimant.
(b) There is no judicial or other review or appeal of the panel's decision orrecommendations.
(3) The division shall issue a certificate of compliance to the claimant, for eachrespondent named in the intent to file a claim under this part, if:
(a) for a named respondent, the panel issues an opinion of merit under Subsections(2)(a)(i) and (ii);
(b) for a named respondent, the claimant files an affidavit of merit in accordance withSection 78B-3-423 if the opinion under Subsection (1)(a) is non-meritorious under eitherSubsection (2)(a)(i) or (ii);
(c) the claimant has complied with the provisions of Subsections 78B-3-416(3)(c) and(d); or
(d) the parties submitted a stipulation under Subsection 78B-3-416(3)(d).

Amended by Chapter 97, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-418

78B-3-418. Decision and recommendations of panel -- No judicial or other review.
(1) (a) The panel shall issue an opinion and the division shall issue a certificate ofcompliance with the pre-litigation hearing requirements of this part in accordance with thissection.
(b) A certificate of compliance issued in accordance with this section is proof that theclaimant has complied with all conditions precedent under this part prior to the commencementof litigation as required in Subsection 78B-3-412(1).
(2) (a) The panel shall render its opinion in writing not later than 30 days after the end ofthe proceedings, and determine on the basis of the evidence whether:
(i) each claim against each health care provider has merit or has no merit; and
(ii) if a claim is meritorious, whether the conduct complained of resulted in harm to theclaimant.
(b) There is no judicial or other review or appeal of the panel's decision orrecommendations.
(3) The division shall issue a certificate of compliance to the claimant, for eachrespondent named in the intent to file a claim under this part, if:
(a) for a named respondent, the panel issues an opinion of merit under Subsections(2)(a)(i) and (ii);
(b) for a named respondent, the claimant files an affidavit of merit in accordance withSection 78B-3-423 if the opinion under Subsection (1)(a) is non-meritorious under eitherSubsection (2)(a)(i) or (ii);
(c) the claimant has complied with the provisions of Subsections 78B-3-416(3)(c) and(d); or
(d) the parties submitted a stipulation under Subsection 78B-3-416(3)(d).

Amended by Chapter 97, 2010 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-03 > 78b-3-418

78B-3-418. Decision and recommendations of panel -- No judicial or other review.
(1) (a) The panel shall issue an opinion and the division shall issue a certificate ofcompliance with the pre-litigation hearing requirements of this part in accordance with thissection.
(b) A certificate of compliance issued in accordance with this section is proof that theclaimant has complied with all conditions precedent under this part prior to the commencementof litigation as required in Subsection 78B-3-412(1).
(2) (a) The panel shall render its opinion in writing not later than 30 days after the end ofthe proceedings, and determine on the basis of the evidence whether:
(i) each claim against each health care provider has merit or has no merit; and
(ii) if a claim is meritorious, whether the conduct complained of resulted in harm to theclaimant.
(b) There is no judicial or other review or appeal of the panel's decision orrecommendations.
(3) The division shall issue a certificate of compliance to the claimant, for eachrespondent named in the intent to file a claim under this part, if:
(a) for a named respondent, the panel issues an opinion of merit under Subsections(2)(a)(i) and (ii);
(b) for a named respondent, the claimant files an affidavit of merit in accordance withSection 78B-3-423 if the opinion under Subsection (1)(a) is non-meritorious under eitherSubsection (2)(a)(i) or (ii);
(c) the claimant has complied with the provisions of Subsections 78B-3-416(3)(c) and(d); or
(d) the parties submitted a stipulation under Subsection 78B-3-416(3)(d).

Amended by Chapter 97, 2010 General Session