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findings upon evidence that is presented at the hearing, the | | records and any expert opinions provided by or sought by the | | panel or the parties. |
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| | | G.__Communications between the panel and the parties, except | | the testimony of the parties on the merit of the dispute, | | must be disclosed to all other parties. |
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| | | H.__After presentation by the parties as provided in this | | section, the panel may request from either party additional | | facts, records or other information to be submitted in | | writing or at a continued hearing, which must be held as | | soon as possible.__The same members of the panel who sat on | | all prior hearings in the same claim shall attend the | | continued hearings unless otherwise agreed by all parties. |
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| | | 2.__Settlement; mediation.__The chair of the panel shall | | attempt to mediate any differences of the parties before | | proceeding to findings. |
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| | | 3.__Failure to comply.__Failure of a party, without good | | cause, to submit written presentations, to attend a properly | | scheduled hearing, to participate in authorized discovery or to | | otherwise substantially comply with this subchapter results in a | | finding made by a majority of the panel against that party and | | that finding has the same effect as a finding against that party | | under section 2857. |
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| | | Sec. 5. 24 MRSA §2855, sub-§1, as amended by PL 1991, c. 505, §5, is | | further amended to read: |
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| | | 1. Negligence and causation. At the conclusion of the | | presentations, the panel shall make its findings in writing | | within 30 days by answering the following questions: |
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| | | A. Whether the evidence presented, including any | | stipulations by the parties, permits a reasonable inference | that the acts or omissions complained of or found by the | panel to exist, or as agreed by the parties, constitute | | constitutes a deviation from the applicable standard of care | | by the health care practitioner or health care provider | | charged with that care; |
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| | | A-1. If the defendant is a participant in the medical liability | | demonstration project established under subchapter IX and has | | raised as an affirmative defense compliance with the practice | | parameters or risk management protocols adopted under section | | 2973, whether the evidence presented permits a reasonable | inference that the defendant complied |
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