§671-19 Duty to cooperate; assessment of costs and fees.

424 words·~2 min read·/hi/chapter-671/671-19

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§671-19 Duty to cooperate; assessment of costs and fees. [(a)] It shall be the duty of every person who files an inquiry with the medical inquiry and conciliation panel, every health care provider against whom the inquiry is made, and every insurance carrier or other person providing medical tort liability insurance for the health care provider, to cooperate with the medical inquiry and conciliation panel and meaningfully participate in panel proceedings for the purpose of achieving a prompt, fair, and just resolution, disposition, or settlement of the inquiry, provided that cooperation and participation shall not prejudice the substantive rights of those persons.

[(b)] Any party may apply to the panel to have the costs of the action assessed against any party for failure to cooperate with the panel or meaningfully participate in panel proceedings. The panel may award costs, or a portion thereof, including attorney's fees, witness fees including those of expert witnesses, filing fees, and costs of the medical inquiry and conciliation panel proceedings to the party applying therefor.

[(c)] In determining whether any person has failed to cooperate or meaningfully participate in good faith, the panel shall consider, but is not limited to, the following:

(1)The attendance of the persons at proceedings of the medical inquiry and conciliation panel;

(2)The extent to which representatives of parties and counsel representing parties came to panel proceedings with knowledge of the claims and defenses and authority to negotiate a settlement or other disposition of the matter;

(3)The testimony of members of the panel as to the facts of the person's participation in the panel proceeding;

(4)The extent of the person's cooperation in providing the panel with documents and testimony called for by the panel;

(5)The reasons advanced by the person so charged for not fully cooperating, participating, or negotiating; and

(6)The failure of the person to submit any required fees to the department of commerce and consumer affairs, as required by this chapter.

[(d)] The party against whom costs are awarded may appeal the award to the circuit court. The court may affirm or remand the case with instructions for further proceedings; or it may reverse or modify the award if the substantial rights of the petitioners may have been prejudiced because the award is characterized as abuse of discretion. [L 1976, c 219, pt of §2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1993, c 95, §1; am L 1995, c 213, §3; am L 2012, c 296, pt of §4]