65-4904. Recommendation on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility in subsequent legal proceedings.
65-4904
65-4904. Recommendation on issue; concurring anddissenting opinions;notice to parties; copy of opinion to judge; admissibility in subsequent legalproceedings.(a) Within 180 days after the screening panel is commenced,suchpanel shall make written recommendations on the issue of whether the healthcare provider departed from the standard of care in a way which caused theplaintiff or claimant damage. A concurring or dissenting member of thescreening panel may file a written concurring or dissenting opinion. Allwritten opinions shall be supported by corroborating references to publishedliterature and other relevant documents.
(b) The screening panel shall notify all parties when its determinationis to be handed down, and, within seven days of its decision, shallprovide a copy of its opinion and any concurring or dissenting opinion toeach party and each attorney of record and to the judge of the districtcourt or, if the district court has more than one division, thechiefjudge of such court.
(c) The written report of the screening panel shall be admissiblein any subsequent legal proceeding,and either party may subpoenaany and all members of the panel as witnesses for examinationrelating to the issues at trial, provided the panel member or membersotherwise meetthe qualifications of K.S.A. 60-3412, and amendments thereto.
History: L. 1976, ch. 249, § 4;L. 1986, ch. 229, § 49;L. 1999, ch. 57, § 65;L. 2001, ch. 6, § 2;L. 2008, ch. 80, § 7; July 1.