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| Sec. 101. 22 MRSA §3189-A, as amended by PL 1993, c. 673, §6 and | | affected by §10, is repealed. |
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| | | Sec. 102. 24 MRSA §2853, sub-§5, as amended by PL 1991, c. 505, §3, is | | further amended to read: |
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| | | 5. Lawsuits. The pretrial screening may be bypassed if all | | parties agree upon a resolution of the claim by lawsuit. All | | parties to a claim may, by written agreement, submit a claim to | | the binding determination of the panel, either prior to or after | | the commencement of a lawsuit. Both parties may agree to bypass | | the panel and commence a lawsuit for any reason, or may request | | that certain preliminary legal affirmative defenses or issues be | | litigated prior to submission of the case to the panel. The panel | | has no jurisdiction to hear or decide, absent the agreement of | the parties, dispositive legal affirmative defenses, except: | compliance with practice parameters or risk management protocols | adopted under section 2973 if the defendant is a participant in | the medical liability demonstration project established under | subchapter IX and intends to introduce evidence of compliance at | trial; | | the parties to litigate, by motion, dispositive legal affirmative | | defenses in the Superior Court prior to submission of the case to | | the panel. Any such defense, as well as any motion relating to | | discovery that the panel chair has chosen not to rule on may be | | presented, by motion, in Superior Court without the necessity of | | a complaint having first been filed. |
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| | | Sec. 103. 24 MRSA §2855, sub-§1, ķA-1, as enacted by PL 1991, c. 501, | | §5, is repealed. |
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| | | Sec. 104. 24 MRSA §2971, as enacted by PL 1989, c. 931, §4 and as | | amended by PL 1993, c. 600, Pt. B, §21, is repealed. |
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| | | Sec. 105. 24 MRSA §2972, as amended by PL 1991, c. 319, §§2 and 3 | | and PL 1993, c. 600, Pt. B, §§21 and 22, is repealed. |
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| | | Sec. 106. 24 MRSA §2973, as enacted by PL 1989, c. 931, §4 and as | | amended by PL 1993, c. 600, Pt. B, §§21 and 22, is repealed. |
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| | | Sec. 107. 24 MRSA §2974, as amended by PL 1991, c. 319, §4 and PL | | 1993, c. 600, Pt. B, §§21 and 22, is repealed. |
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| | | Sec. 108. 24 MRSA §2975, as amended by PL 1995, c. 343, §1, is | | repealed. |
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| | | Sec. 109. 24 MRSA §2976, as amended by PL 1991, c. 734, §1 and PL | | 1993, c. 600, Pt. B, §§21 and 22, is repealed. |
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