House File 2411 - Introduced
HOUSE FILE
BY HUTTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to creation of a medical review panel and the
2 admissibility of the panel's opinion in a medical malpractice
3 action.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5208HH 81
6 rh/je/5
PAG LIN
1 1 Section 1. NEW SECTION. 147.140 MEDICAL REVIEW PANEL.
1 2 1. Not less than twenty days after the filing of a
1 3 complaint initiating an action for damages for personal injury
1 4 or death against a health care provider based on the alleged
1 5 negligence of the health care provider in the practice of the
1 6 profession or occupation, either party may request the
1 7 formation of a medical review panel by serving a request by
1 8 certified mail or restricted certified mail upon all parties.
1 9 2. a. A medical review panel shall consist of one
1 10 attorney and three health care providers who hold a license to
1 11 practice in their profession.
1 12 b. Within forty=five days after filing the request for
1 13 formation of a medical review panel under subsection 1, the
1 14 parties shall select an attorney to act as panel chairperson
1 15 by agreement, each party to the action shall select one health
1 16 care provider, and the two selected health care providers
1 17 shall select the third health care provider. Two of the
1 18 health care providers selected shall practice in the same area
1 19 as the defendant.
1 20 c. The attorney member, acting as chairperson of the
1 21 medical review panel, shall prepare the opinion of the panel
1 22 but shall not vote. The chairperson shall expedite the
1 23 selection of the other panel members, convene the panel, and
1 24 expedite the panel's review of the proposed complaint.
1 25 3. Written evidence to be considered by the medical review
1 26 panel shall be promptly submitted by the respective parties.
1 27 The evidence may consist of medical charts, x=rays, lab
1 28 charts, treatises, depositions, and any other form of evidence
1 29 requested by the medical review panel. In addition, the panel
1 30 may consult with medical experts and examine reports of health
1 31 care providers necessary to fully inform the panel regarding
1 32 the issue to be decided. Both parties shall have full access
1 33 to any material submitted to the panel.
1 34 4. After reviewing all of the evidence and after
1 35 examination of the medical review panel by counsel
2 1 representing either party, the panel shall, within thirty
2 2 days, issue a written opinion as to whether or not the
2 3 evidence supports the conclusion the defendant acted or failed
2 4 to act within the appropriate standard of care as charged in
2 5 the complaint, and if so, whether the act or failure to act
2 6 was a factor in the plaintiff's injury.
2 7 5. A report of the expert opinion reached by the medical
2 8 review panel is admissible as evidence in any action
2 9 subsequently brought by the claimant. However, the expert
2 10 opinion is not conclusive and either party, at the party's
2 11 cost, has the right to call any member of the medical review
2 12 panel as a witness.
2 13 6. A member of a medical review panel formed pursuant to
2 14 this section shall not be civilly liable as a result of acts,
2 15 omissions, or decisions made in connection with the person's
2 16 service on the medical review panel. However, such immunity
2 17 from civil liability shall not apply if an act, omission, or
2 18 decision is made with malice.
2 19 7. For purposes of this section, "health care provider"
2 20 means a physician licensed under chapter 148, 150, or 150A, a
2 21 chiropractor licensed under chapter 151, a physical therapist
2 22 licensed pursuant to chapter 148A, an occupational therapist
2 23 licensed pursuant to chapter 148B, a podiatrist licensed
2 24 pursuant to chapter 149, a physician assistant licensed and
2 25 practicing under a supervising physician pursuant to chapter
2 26 148C, a licensed practical nurse, a registered nurse, or an
2 27 advanced registered nurse practitioner licensed pursuant to
2 28 chapter 152 or 152E, a respiratory therapist licensed pursuant
2 29 to chapter 152B, a dentist, dental hygienist, or dental
2 30 assistant registered or licensed to practice under chapter
2 31 153, an optometrist licensed pursuant to chapter 154, a
2 32 psychologist licensed pursuant to chapter 154B, a social
2 33 worker licensed pursuant to chapter 154C, a mental health
2 34 counselor or a marital and family therapist licensed pursuant
2 35 to chapter 154D, a pharmacist licensed pursuant to chapter
3 1 155A, or an emergency medical care provider certified pursuant
3 2 to chapter 147A.
3 3 EXPLANATION
3 4 This bill relates to the creation of a medical review panel
3 5 after a complaint initiating an action for damages for
3 6 personal injury or death against a health care provider has
3 7 been filed.
3 8 The bill provides that not less than 20 days after the
3 9 filing of a complaint initiating an action for damages for
3 10 personal injury or death against a health care provider based
3 11 on the alleged negligence of the health care provider in the
3 12 practice of the profession or occupation, either party may
3 13 request the formation of a medical review panel by serving a
3 14 request by certified mail or restricted certified mail upon
3 15 all parties. The panel must consist of one attorney and three
3 16 health care providers. The bill includes provisions relating
3 17 to the selection of the panel members and the chairperson of
3 18 the panel, the evidence received and reviewed by the panel,
3 19 and the opinion of the panel as to whether or not the evidence
3 20 supports the conclusion the defendant acted or failed to act
3 21 within the appropriate standard of care as charged in the
3 22 complaint, and if so, whether the act or failure to act was a
3 23 factor in the plaintiff's injury.
3 24 The bill provides that a report of the expert opinion
3 25 reached by the medical review panel is admissible as evidence
3 26 in any action subsequently brought by the plaintiff; however,
3 27 the expert opinion is not conclusive and either party, at the
3 28 party's cost, has the right to call any member of the medical
3 29 review panel as a witness.
3 30 The bill provides that a member of a medical review panel
3 31 shall not be civilly liable as a result of acts, omissions, or
3 32 decisions made in connection with the person's service on the
3 33 medical review panel. However, such immunity from civil
3 34 liability shall not apply if an act, omission, or decision is
3 35 made with malice.
4 1 For purposes of the bill, "health care provider" means a
4 2 physician licensed under Code chapter 148, 150, or 150A, a
4 3 chiropractor licensed under Code chapter 151, a physical
4 4 therapist licensed pursuant to Code chapter 148A, an
4 5 occupational therapist licensed pursuant to Code chapter 148B,
4 6 a podiatrist licensed pursuant to Code chapter 149, a
4 7 physician assistant licensed and practicing under a
4 8 supervising physician pursuant to Code chapter 148C, a
4 9 licensed practical nurse, a registered nurse, or an advanced
4 10 registered nurse practitioner licensed pursuant to Code
4 11 chapter 152 or 152E, a respiratory therapist licensed pursuant
4 12 to Code chapter 152B, a dentist, dental hygienist, or dental
4 13 assistant registered or licensed to practice under Code
4 14 chapter 153, an optometrist licensed pursuant to Code chapter
4 15 154, a psychologist licensed pursuant to Code chapter 154B, a
4 16 social worker licensed pursuant to Code chapter 154C, a mental
4 17 health counselor or a marital and family therapist licensed
4 18 pursuant to Code chapter 154D, a pharmacist licensed pursuant
4 19 to Code chapter 155A, or an emergency medical care provider
4 20 certified pursuant to Code chapter 147A.
4 21 LSB 5208HH 81
4 22 rh:rj/je/5