malpractice settlement;
notice costs; BOMEX
SB 1208 requires the Board of Medical Examiners (BOMEX) and the Board of Osteopathic Examiners in Medicine and Surgery (Board) to pay copying costs for malpractice documents required to a submitted by statute.
Current statute requires that plaintiff attorneys and professional liability insurers provide malpractice information to the defendant’s health profession regulatory board if the malpractice action is settled or the court enters a monetary judgement. The malpractice information must be submitted within 30 days upon conclusion of the malpractice action subject to a civil penalty for non-compliance. The information must include:
1. Names and addresses of plaintiffs and defendants.
2. Date and location of the occurrence which created the claim.
3. Statement about the nature of the occurrence resulting in the malpractice claim
4. Copies of the complaint and the judgment or settlement
5. Copies of all expert witness depositions
6. Transcripts of expert witness court testimony or a written evaluation of the case by an expert witness.
The statute does not state who is responsible for costs associated with providing these documents. BOMEX estimates the cost of this requirement will be approximately $14,000 to $16,000 per year. The Board estimates their cost to be $6,000 to $10,000 per year.