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4 months. This bill shortens certain time periods and allows |
| experts to submit written statements rather than testify in person. |
| It allows the panel chair to require the parties to make their |
| presentations of the case in writing. It allows the panel chair to |
| limit discovery. This bill also clarifies the role of the |
| prelitigation screening panels by changing the standard of proof |
| used by the panel. Under this bill, the panel must determine |
| whether the evidence presented to it and the permissible inferences |
| from the evidence raise issues of fact as to negligence and |
| causation. This bill prohibits the presentation to the jury of a |
| unanimous panel finding against the person accused of professional |
| negligence. A unanimous panel finding against the claimant may be |
| represented at trial, but the current prohibition on an |
| accompanying explanation is deleted. This amendment allows the use |
| of testimony made under oath in the panel proceedings to be used in |
| subsequent proceedings for the purpose of impeachment; there is no |
| other change to the confidentiality provisions. The current |
| provisions concerning the effect of the findings are repealed. |
| This bill also corrects cross-references. |
