LD 1325
pg. 2
Page 1 of 6 An Act to Provide Fairness to Victims of Medical Malpractice Page 3 of 6
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LR 2268
Item 1

 
Superior Court without the necessity of a complaint having first
been filed.

 
Sec. 3. 24 MRSA §2853, sub-§7, as amended by PL 1991, c. 505, §4, is
further amended to read:

 
7. Extensions of time. All requests for extension of time
under this subchapter must be made to the panel chair. The chair
may extend any time period under this subchapter for good cause,
except that the chair may not extend any time period that would
result in the hearing being held more than one year 6 months from
the filing of notice of claim upon the clerk unless good cause is
shown.

 
Sec. 4. 24 MRSA §2854, as amended by PL 1989, c. 361, §§7 and 10,
is repealed and the following enacted in its place:

 
§2854.__Hearing or presentation

 
1.__Procedure.__The claimant or a representative of the
claimant shall present the case before the panel.__The person
accused of professional negligence or that person's
representative shall make a responding presentation.__The chair
shall determine whether the presentations are to be made in
writing or orally in a hearing before the panel.__The procedures
are as follows.

 
A.__When a hearing is held, the proceedings are informal and
the Maine Rules of Evidence do not apply.

 
B.__The chair may not permit discovery or perpetuation of
testimony in the proceedings other than depositions of the
parties, except upon special order of the chair for good
cause shown demonstrating extraordinary circumstances.

 
C.__The chair shall make all procedural rulings, and the
rulings are final.

 
D.__A tape recorded record must be maintained by the panel.__
Except as provided in section 2857, the record may not be
made public and the hearings may not be public without the
consent of all parties.

 
E.__A party does not have the right to cross-examine or
rebut or to demand that the customary formalities of civil
trials and court proceedings be followed.

 
F.__Evidence must be admitted if it is the kind of evidence upon
which reasonable persons are accustomed to rely in the conduct of
serious affairs.__The panel shall make its


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