B. Whether the evidence presented, including any stipulations by the parties, permits a reasonable inference that the acts or omissions complained of proximately caused the injury complained of or as found by the panel or as agreed by the parties; and

C. If a reasonable inference of negligence on the part of the health care practitioner or health care provider is found raised, whether the evidence presented permits a reasonable inference that any negligence on the part of the patient was equal to or greater than the negligence on the part of the practitioner or provider.

Sec. 6. 24 MRSA §2855, sub-§2, as repealed and replaced by PL 1989, c. 361, §§8 and 10, is repealed.

Sec. 7. 24 MRSA §2855, sub-§3 is enacted to read:

3.__Standard of proof.__The standard of proof used by the panel must be whether, in viewing the evidence and all reasonable inferences from the evidence, any reasonable basis exits upon which a jury could find for the plaintiff on the issues of negligence and causation.

Sec. 8. 24 MRSA §2857, sub-§1, as enacted by PL 1985, c. 804, §§12 and 22, is repealed and the following enacted in its place:

1.__Proceedings before panel confidential.__Except as provided in this section, all proceedings before the panel, including its final determinations, must be treated in every respect as private and confidential by the panel and the parties to the claim.

A.__The findings and other writings of the panel and any evidence and statements made by a party or a party's representative during a panel hearing are not admissible and may not otherwise be submitted or used in any way for any purpose in any subsequent court action and may not be publicly disclosed, except that:

(1)__Any testimony or writings made under oath may be used in subsequent proceedings for purposes of impeachment; and