malpractice settlement;
notice costs; BOMEX
SB 1208 exempts professional liability insurers from having to supply copies of expert witness depositions and transcripts of expert witness court testimony or a written evaluation of the case by an expert witness to the Board of Medical Examiners and the Board of Osteopathic Examiners in Medicine and Surgery.
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.