-------------------------------------------------------------- ¦ REFERENCE TITLE: malpractice settlement; notice costs; BOMEX ¦ -------------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ Senate ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ -------------------------------------------------------------- ¦ SB 1208 ¦ -------------------------------------------------------------- ¦ Introduced by ¦ ¦ Senators Gerard: Hellon, Nichols ¦ --------------------------------------------------------------
AN ACT
AMENDING SECTION 12-570, ARIZONA REVISED STATUES; RELATING TO HEALTH CARE ACTIONS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-570, Arizona Revised Statutes, is amended to read:
12-570. Malpractice settlement or award reporting; civil penalty; cost of notice
A. If a medical malpractice action is settled or a court enters a monetary judgment, the plaintiff's attorney and the professional liability insurers shall provide the defendant's health profession regulatory board with the notice required under subsection B of this section, a copy of the complaint and a copy of either the agreed terms of settlement or the judgment. The attorney shall provide this notice and these documents within thirty days after a settlement is reached or a judgment is entered. For the purposes of this subsection, "health profession regulatory board" has the same meaning prescribed in section 32-3201.
B. The notice required by subsection A of this section shall contain the following information:
1. The name and address of each defendant.
2. The name and address of each plaintiff.
3. The date and location of the occurrence which created the claim.
4. A statement specifying the nature of the occurrence resulting in the malpractice action.
5. A copy of all expert witness depositions, a transcript of all expert witness court testimony or a written evaluation of the case by an expert witness.
C. The notice required by subsection A of this section is not discoverable and not admissible as evidence.
D. An attorney who does not supply the information required by subsections A and B of this section within thirty days after the notice of settlement or judgment is due under subsection A of this section is subject to a civil penalty of five hundred dollars
E. THE BOARD OF MEDICAL EXAMINERS SHALL PAY FOR THE COST OF THE NOTICE REQUIRED BY SUBSECTION A OF THIS SECTION. THE COST FOR EACH PAGE OF THE NOTICE IS THE SAME AS THE FEE FOR MAKING A COPY OF EACH PAGE AS PRESCRIBED BY SECTION 12-284, SUBSECTION A.