Section 519-B:8 Confidentiality and Admissibility.
I. Except as provided in this section, all proceedings before the panel, including its final determinations, shall be treated as private and confidential by the panel and the parties to the claim.
(a) The findings and other writings of the panel and any evidence and statements made by a party or a party's representative during a panel hearing are not admissible in court and shall not be submitted or used for any purpose in a subsequent trial and shall not be publicly disclosed, except as follows:
(1) Any testimony or writings made under oath may be used in subsequent proceedings for purposes of impeachment.
(2) The party who made a statement or presented evidence may agree to the submission, use, or disclosure of that statement or evidence.
(b) If the panel findings as to both the questions under RSA 519-B:6, I(a) and (b) are unanimous and unfavorable to the defendant, the findings are admissible in any subsequent trial of the medical injury case.
(c) If the panel findings as to any question under RSA 519-B:6, I are unanimous and unfavorable to the plaintiff, the findings are admissible in any subsequent trial of the medical injury case.
II. The confidentiality provisions of this section shall not apply if the findings were influenced by fraud.
III. The deliberations and discussion of the panel and the testimony of any expert, whether called by a party or the panel, shall be privileged and confidential, and no such person may be asked or compelled to testify at a later court proceeding concerning the deliberations, discussions, findings, or expert testimony or opinions expressed during the panel hearing, unless by the party who called and presented the nonparty expert, except such deliberation, discussion, and testimony as may be required to prove an allegation of fraud.
Source. 2005, 197:1, eff. Aug. 29, 2005.