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View NCGA Bill Details2011-2012 Session
Senate Bill 642 (Public) Filed Monday, April 18, 2011
Intro. by Hartsell.

Status: Ref to Judiciary I. If fav, re-ref to Program Evaluation (Senate Action) (Apr 19 2011)

Bill History:

S 642

Bill Summaries:

  • Summary date: Apr 18 2011 - View Summary

    Establishes the 21- member Medical Malpractice Review Board (Board) to review allegations of violations of the standard of health care by health care providers and to make a determination. Details Board membership, appointing authority, term limits, and administration. Defines determination as a finding by the Board based on the greater weight of the evidence that care provided by the health care provider violated the standard of health care. Includes additional applicable definitions. Requires any complaint alleging medical malpractice by a health care provider for failing to comply with the standard of health care to be dismissed unless the complainant first received a Determination from a Board panel. Directs the panel to consider whether, based on the complainant’s evidence and counsels’ written arguments, it is more likely than not that the health care provider violated the standard of health care. Details the types of evidence that may be presented, and provides for deposition of witnesses. Allows the panel to request additional evidence if necessary. Specifies criteria requiring the panel to issue or not issue a Determination. Directs the panel to issue a default Determination if the panel determines that the health care provider did not participate in good faith in the review proceeding. States that the claimant will not be taxed costs for failure to obtain a judgment in any subsequent civil action, if the panel issues a Determination, but will be taxed costs if the panel does not issue a Determination and the claimant fails to obtain a judgment. Tolls any applicable statute of limitation or repose from the time the claim is presented until the Board issues a Determination. Makes the Board’s findings and Determination, as detailed, immune from discovery or subpoena in any civil action alleging the violation that was the subject of the Board’s review. Requires that initial Board members be appointed by September 1, 2011, with terms commencing on October 1, 2011.