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