18 Del. Admin. Code § 1401-5.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1401-5.0 - Filling Vacancies

5.1 If any panel member should resign, die, withdraw, refuse, be disqualified, or otherwise be excused by the Court after having been selected pursuant to 18 Del.C. § 6803, the chairperson of the panel (or, in his absence, the Superior Court) will, on satisfactory proof, declare the position on the panel vacant. Vacancies on any malpractice review panel will be filled in accordance with sections 5.2 and 5.3 of this section.

5.2 If the position on the panel is declared vacant prior to the commencement of the hearing, the parties shall select a substitute member from the same list, pursuant to the provisions of 18 Del.C. § 6805, each party retaining any previously unused peremptory challenge.

5.3 If the position on the panel is declared vacant after the commencement of the hearing, the matter shall be re-heard before a new malpractice review panel selected in accordance with 18 Del.C. § 6805, unless all parties, with the approval of the chairperson, agree to select a substitute member from the same list, or to proceed with less than a full panel.

5.4 The chairperson may direct, in cases expected to be protracted, provided such persons are willing to serve without compensation, that one additional physician, one additional attorney, and one additional lay person be selected to sit as alternate panel members. Alternate panel members shall replace panel members in the same category who, prior to the conclusion of the presentation of evidence, become or are found to be unable or disqualified to perform their duties. Alternate panel members shall be selected in the same manner, and shall have the same qualifications, and shall be subject to the same examination and challenges -and shall take the same oath, and shall have the same privileges as regular panel members. They shall have the same functions and powers as the panel members whom they replace, if they so serve. An alternate panel member who does not replace a regular panel member shall be discharged after the panel retires to consider its decision. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law for each category (physician, attorney, lay person) of alternate members. The additional peremptory challenge may be used against an alternate panel member only, and the other peremptory challenges allowed by law shall not be used against an alternate panel member.

18 Del. Admin. Code § 1401-5.0