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CIVIL RULE - NO. 31
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Medical Malpractice Screening Panel
1. Any party filing a request for medical malpractice screening panel shall file
with the request:
(a) A short statement explaining the basic medical failures alleged and the nature
of the alleged injury. (That defendant was negligent or deviated from care generally
is not sufficient. There must be some identification of the claimed injury and some
brief statement of the suspected departures from standard practice.) This statement
shall not be binding or limit the plaintiff from other allegations which become
known thereafter.
(b) An order signed by counsel and ready for the court's signature authorizing
the release of medical records and x-rays, etc. to counsel for all named defendants.
(The names of counsel need not be specified as they will be unknown at that time.)
(c) A list of all health care providers who have rendered treatment to the plaintiff
within the preceding five years, including all hospitals where plaintiff received
any treatment. To the extent possible, full names and addresses shall be provided.
(d) The above list shall include the plaintiff's date of birth.
2. Along with the notice convening the screening panel, the court shall provide
to the parties copies of all additional documents required to be filed by these
rules, including a certified copy of the order for production of medical records,
and a notice of a status conference.
3. The court shall hold a status conference in all screening panel cases. Counsel
for the parties and the chairperson shall appear and a schedule shall be established
for the submission of records, contentions, and the preliminary conference of the
panel.
4. Except by agreement of all parties, no affidavits from the parties, nor any "expert
opinions," nor depositions taken in the case shall be submitted.
5. The chairperson shall provide a file stamped copy of the opinion of the panel
to counsel for all parties and the Commissioners of Insurance as administrator of
the Health Care Stabilization Fund.
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