6-1001. HEARING PANEL FOR PRELITIGATION CONSIDERATION OF MEDICAL MALPRACTICE CLAIMS — PROCEDURE. The Idaho state board of medicine, in alleged malpractice cases involving claims for damages against physicians and surgeons practicing in the state of Idaho or against licensed acute care general hospitals operating in the state of Idaho, is directed to cooperate in providing a hearing panel in the nature of a special civil grand jury and procedure for prelitigation consideration of personal injury and wrongful death claims for damages arising out of the provision of or alleged failure to provide hospital or medical care in the state of Idaho, which proceedings shall be informal and nonbinding, but nonetheless compulsory as a condition precedent to litigation. Proceedings conducted or maintained under the authority of this act shall at all times be subject to disclosure according to chapter 1, title 74, Idaho Code. Formal rules of evidence shall not apply and all such proceedings shall be expeditious and informal.
History:
[6-1001, added 1976, ch. 278, sec. 2, p. 954; am. 1990, ch. 213, sec. 5, p. 491; am. 2015, ch. 141, sec. 2, p. 380.]
Structure Idaho Code
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 10 - MEDICAL MALPRACTICE
Section 6-1002 - APPOINTMENT AND COMPOSITION OF HEARING PANEL.
Section 6-1003 - INFORMAL PROCEEDINGS.
Section 6-1004 - ADVISORY DECISIONS OF PANEL.
Section 6-1005 - TOLLING OF LIMITATION PERIODS DURING PENDENCY OF PROCEEDINGS.
Section 6-1006 - STAY OF OTHER COURT PROCEEDINGS IN INTEREST OF HEARING BEFORE PANEL.
Section 6-1007 - SERVICE OF CLAIM ON ACCUSED PROVIDER OF HEALTH CARE.
Section 6-1008 - CONFIDENTIALITY OF PROCEEDINGS.
Section 6-1009 - REPRESENTATION OF PARTIES BY COUNSEL.
Section 6-1010 - FEES FOR PANEL MEMBERS.
Section 6-1011 - LIMIT ON DURATION OF PROCEEDINGS — PANEL’S JURISDICTION.
Section 6-1012 - PROOF OF COMMUNITY STANDARD OF HEALTH CARE PRACTICE IN MALPRACTICE CASE.
Section 6-1013 - TESTIMONY OF EXPERT WITNESS ON COMMUNITY STANDARD.