SUMMARY--Requires deposition of certain persons before holding mandatory conference for settlement in medical and dental malpractice claims. (BDR 3-934)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to actions for malpractice; requiring the deposition of certain persons before holding the conference for settlement required in medical and dental malpractice claims; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 41A.059 is hereby amended to read as follows:
41A.059 1. In any action for medical or dental malpractice filed in a district court after a determination by a screening panel that there is a reasonable probability that medical or dental malpractice occurred and that the plaintiff was injured thereby, the plaintiff, the defendant, the representative of the physician's or dentist's insurer and, if applicable, the hospital's insurer and their respective attorneys shall attend a conference for settlement before a district judge, other than the judge assigned to the case, to determine the amount of the plaintiff's damages. The judge before whom the conference is held:
(a) Must be selected randomly by the clerk of the court upon filing of the notice pursuant to subsection 2, except that he may not be the judge assigned to the case.
(b) May, for good cause shown, waive the attendance of any party.
(c) Shall decide what information the parties may submit at the conference.
2. In any such action, the responsive pleading of the defendant must be accompanied by a notice to the clerk that the case must be scheduled for a conference for settlement. If this notice is not filed by the defendant, it may be filed by any other party. The clerk shall immediately notify the judge before whom the conference is to be held of the receipt of that notice.
3. The judge shall notify the parties, within 7 days after the receipt of the notice, of the time and place of the conference, which must not be later than 30 days after the receipt of the notice. The judge shall cause the deposition of:
(a) The plaintiff;
(b) The defendant; and
(c) A person designated by the plaintiff to testify regarding damages,
to be taken in the manner prescribed by rule of court for taking a deposition in a civil action in a district court before the date scheduled for the conference.
4. The judge before whom the conference is to be held may, for good cause shown, continue the conference for a period not to exceed 15 days. Only one such continuance may be granted.
[3.] 5. Within 15 days after the conference, the judge before whom the conference was held shall determine, solely from the information submitted at the conference, the reasonable value of the claim for purposes of settlement and shall so notify the parties in writing.
[4.] 6. Within 14 days after receipt of the determination of the judge, the defendant shall offer to the plaintiff the amount determined by the judge or reject the determination. If the defendant rejects the determination and the plaintiff is awarded an amount greater than the amount of the determination, the plaintiff must be awarded reasonable costs and attorney's fees incurred after the date of the rejection.
[5.] 7. Within 14 days after the receipt of the defendant's offer of the amount determined by the judge, the plaintiff shall accept or reject the offer. If the plaintiff rejects the offer and the plaintiff is awarded an amount less than the amount of the offer, the defendant must be awarded reasonable costs and attorney's fees incurred after the date of the rejection.
Sec. 2 NRS 41A.059 is hereby amended to read as follows:
41A.059 1. In any action for medical malpractice filed in a district court after a determination by a screening panel that there is a reasonable probability that medical malpractice occurred and that the plaintiff was injured thereby, the plaintiff, the defendant, the representative of the physician's insurer and, if applicable, the hospital's insurer and their respective attorneys shall attend a conference for settlement before a district judge, other than the judge assigned to the case, to determine the amount of the plaintiff's damages. The judge before whom the conference is held:
(a) Must be selected randomly by the clerk of the court upon filing of the notice pursuant to subsection 2, except that he may not be the judge assigned to the case.
(b) May, for good cause shown, waive the attendance of any party.
(c) Shall decide what information the parties may submit at the conference.
2. In any such action, the responsive pleading of the defendant must be accompanied by a notice to the clerk that the case must be scheduled for a conference for settlement. If this notice is not filed by the defendant, it may be filed by any other party. The clerk shall immediately notify the judge before whom the conference is to be held of the receipt of that notice.
3. The judge shall notify the parties, within 7 days after the receipt of the notice, of the time and place of the conference, which must not be later than 30 days after the receipt of the notice. The judge shall cause the deposition of:
(a) The plaintiff;
(b) The defendant; and
(c) A person designated by the plaintiff to testify regarding damages,
to be taken in the manner prescribed by rule of court for taking a deposition in a civil action in a district court before the date scheduled for the conference.
4. The judge before whom the conference is to be held may, for good cause shown, continue the conference for a period not to exceed 15 days. Only one such continuance may be granted.
[3.] 5. Within 15 days after the conference, the judge before whom the conference was held shall determine, solely from the information submitted at the conference, the reasonable value of the claim for purposes of settlement and shall so notify the parties in writing.
[4.] 6. Within 14 days after receipt of the determination of the judge, the defendant shall offer to the plaintiff the amount determined by the judge or reject the determination. If the defendant rejects the determination and the plaintiff is awarded an amount greater than the amount of the determination, the plaintiff must be awarded reasonable costs and attorney's fees incurred after the date of the rejection.
[5.] 7. Within 14 days after the receipt of the defendant's offer of the amount determined by the judge, the plaintiff shall accept or reject the offer. If the plaintiff rejects the offer and the plaintiff is awarded an amount less than the amount of the offer, the defendant must be awarded reasonable costs and attorney's fees incurred after the date of the rejection.
Sec. 3 1. Section 1 of this act becomes effective on October 1, 1997, and expires by limitation on June 30, 1999.
2. Section 2 of this act becomes effective on July 1, 1999.