015-4 Wyo. Code R. § 4-12

Current through April 27, 2019

Section 4-12 - Deliberations and Decision

(a) Upon consideration of all the relevant material, the panel shall determine whether there is:

(i) Substantial evidence that the acts complained of occurred and that they constitute malpractice; and

(ii) A reasonable probability that the patient was injured as result of the acts complained of;

(iii) Other issues the parties agree to submit to the panel for decision. The panel may choose to refuse to decide the additional issues.

(b) The deliberations of the panel are confidential. All votes of the panel on the questions for discussion shall be by secret ballot. The decision shall be by a majority vote of the panel and shall be signed by the chairman.

(c) The decision shall be in writing and forwarded to the Director who shall serve copies on the parties.

(d) The panel's decision is not binding upon any party.

(e) Failure to issue a timely final decision shall vacate any determination made and shall not bar the Claimant from proceeding with the claim in a court of law.

(f) The final decision shall be in writing and forwarded to the Director who shall serve copies on the parties. The panel's decision is not binding upon any party. The decision of the panel and any testimony, documents or materials submitted thereto and incorporated into the decision of the panel shall be admissible in whole or in part solely for purposes of impeachment in any subsequent trial of the matter, subject to the discretion of the trial court and in accordance with the Wyoming Rules of Evidence.

(g) Notice of the Results of Claims Filed in District Court. If the Claimant files a complaint in court following a panel decision, the Claimant shall submit a written statement as to the outcome of the litigation within sixty (60) days of the final disposition of the litigation.

015-4 Wyo. Code R. § 4-12