First Substitute H.B. 117

Representative Margaret Dayton proposes the following substitute bill:

1 PRELITIGATION PANEL AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Margaret Dayton
5 This act modifies provisions relating to prelitigation panels in medical malpractice
6 actions. The act allows the panel's results to be introduced in an ensuing court action if
7 allowed under the Rules of Evidence.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 78-14-15, as last amended by Chapter 171, Laws of Utah 1994
11 This act enacts uncodified material.
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 78-14-15 is amended to read:
14 78-14-15. Evidence of proceedings not admissible in subsequent action -- Panelist
15 may not be compelled to testify -- Immunity of panelist from civil liability -- Information
16 regarding professional conduct.
17 (1) (a) Evidence of the proceedings conducted by the medical review panel [and its
18 results, opinions, findings, and determinations] are not admissible as evidence in an action
19 subsequently brought by the claimant in a court of competent jurisdiction.
20 (b) (i) Notwithstanding Subsection (1)(a), a medical review panel's determination on
21 the question of whether a claim has merit or not may be admitted in a subsequent action
22 consistent with the Utah Rules of Evidence.
23 (2) No panelist may be compelled to testify in a civil action subsequently filed with
24 regard to the subject matter of the panel's review. A panelist has immunity from civil liability
25 arising from participation as a panelist and for all communications, findings, opinions, and

26 conclusions made in the course and scope of duties prescribed by this section.
27 (3) Nothing in this chapter may be interpreted to prohibit the division from considering
28 any information contained in a statutory notice of intent to commence action, request for
29 prelitigation panel review, or written findings of a panel with respect to the division's
30 determining whether a licensee engaged in unprofessional or unlawful conduct.
31 Section 2. Purpose.
32 The purpose of this legislation is to:
33 (1) recognize the value of Utah's prelitigation process and the contribution made to the
34 process by panel members;
35 (2) encourage the parties to make a good faith effort to present meaningful evidence
36 and argument to the panel; and
37 (3) permit the trier of fact to consider the determination of the prelitigation panel on the
38 question of whether or not the case has merit.