Section 519-B:9 Mandatory Instructions.
I. When panel findings are offered and admitted into evidence in a subsequent court action in accordance with RSA 519-B:8, I(b) or (c), the trial court shall provide the following information to the jury to provide a basis for the jury to understand the nature of the panel findings and to put the panel findings in context in evaluating all of the evidence presented at the trial:
(a) The panel process is a preliminary procedural step through which malpractice claims proceed.
(b) The panel in this case consisted of (insert the name and identity of the members).
(c) The panel conducts a summary hearing and is not bound by the rules of evidence.
(d) The hearing is not a substitute for a full trial and may or may not have included all of the evidence that is presented at the trial.
(e) The jury is not bound by the findings of the panel and it is the jurors' duty to reach their own conclusions based on all of the evidence presented to them.
(f) The panel proceedings are privileged and confidential. Consequently, the parties may not introduce panel documents or present witnesses to testify about the panel proceedings, and they may not comment on the panel findings or proceedings except as provided in subparagraphs (a) through (e).
II. The information specified in paragraph I shall be provided to the jury when the findings are admitted into evidence and when the court instructs the jury prior to submitting the case to the jury.
Source. 2005, 197:1, eff. Aug. 29, 2005.