P.R. Laws tit. 26, § 4109
The judge of the Court of First Instance before whom a claim is filed for damages for fault or negligence for medico-hospital professional malpractice, may designate an arbitration panel thirty days after the answer to the complaint is filed, or at any other later time when he/she deems it convenient to expedite the procedures and to facilitate a better understanding of the medical controversies involved. The panel shall advise the court and shall produce its findings on the technical aspects of the claim. Provided, That the court, prior to designating said arbitration panel, shall take into consideration, but without being limited thereto, such factors as the technicality of the litigation, the interests of the parties, the time elapsed from the beginning of the dispute and the status of the courtroom calendar.
(1) The arbitration panel shall have functions similar to those of a Special Commissioner under Rule 41 of the 1979 Rules of Civil Procedure for the General Court of Justice of Puerto Rico, App. III of Title 32, and shall be composed of three (3) members selected at the complete discretion of the Judge of the Part before whom the claim is pending. The panel shall be made up of one (1) attorney who shall be its Chairman, a health service professional or a representative of a health care institution who does not have a direct or indirect interest in the case and a person representing the public interest. This last member shall not be an attorney, a health care professional or a person representing a health care institution.
(2) The Secretary of Health of Puerto Rico and the Bar Association of Puerto Rico shall submit to the Chief Justice of the Supreme Court of Puerto Rico within thirty (30) days following the date of approval of this act, and within ninety (90) days after the close of every calendar year, a list of possible candidates to integrate said arbitration panels. The Chief Justice of the Supreme Court may circulate said lists with the additions or omissions he deems necessary to the corresponding Parts of the Court of First Instance for the action they deem pertinent within their discretion.
(a) The court shall, at its discretion, fix the per diem of each member of the panel. The total amount of the per diems as well as the expenses incurred by the arbitration panel in conducting the hearings shall be defrayed by the party against whom judgment is rendered in a manner proportional to the number of persons included by such party in the lawsuit. The court shall have discretion to dismiss, totally or partially, any of the persons of the party against whom judgment has been rendered from the proportional payment of the per diems, if it is proven that said person’s financial resources do not allow him to make the payment, in which case, the party shall contribute with the amount determined by the court, and the remainder shall be defrayed as prorated among the other persons in the party against whom judgment has been rendered.
(b) The amounts of the per diems and expenses incurred by the arbitration panel shall be included as part of the costs of the lawsuit. When the party who is responsible for the costs imposed therefor refuses without a just cause to comply with the order for the payment thereof, the court may impose sanctions in accordance with Rule 34.2 of the 1979 Rules of Civil Procedure for the General Court of Justice, App. III of Title 32.
(3) The nonappearance of any of the parties, their witnesses or attorneys, that cause the suspension of any duly notified meeting, except in the case of prior notice of nonappearance for a just cause and diligently notified, shall cause the payment of the per diems fixed for the members of the panel by the party that causes the suspension.
(4) Any of the parties may object to the designation of a member of the arbitration panel after showing just cause therefore, and the court may replace him at its discretion.
(5) Rule 41 of the 1979 Rules of Civil Procedure for the General Court of Justice, App. III of Title 32, shall govern in all that is applicable regarding the appointment, duties, powers and functions of the arbitration panel referred to in this chapter.
(6) Before the arbitration panel begins to meet, the members thereof shall take an oath before the judge that presides the part that they will hear the evidence presented and issue a fair and equitable report and recommendations. Once they have been sworn they shall be empowered to take sworn statements. The members of the arbitration panel shall have immunity regarding their expressions and recommendations while acting within their official capacity as such.
(7) The arbitration panel shall hold meetings, fix the time thereof and notify the parties. It may also suspend or postpone their meetings and exercise all the powers needed to conduct them. The court in which the suit for damages for fault or negligence due to medico-hospital professional malpractice has been filed, on petition by a party, shall have discretion to direct the arbitration panel to proceed with the meetings without delay.
(8) The arbitration panel shall keep exact and concise minutes of the procedures of its meetings and a stenographic or taped record thereof.
(9) The testimony of the witnesses shall be given under oath. The parties shall be entitled to introduce evidence and to cross-examine witnesses.
(10) The arbitration panel shall hold meetings and render its report with recommendations, when a duly notified party does not appear at the meetings on three (3) consecutive occasions.
(11) The arbitration panel may order the appearance of witnesses, the presentation of documentary evidence and any other evidence needed. The summons shall be issued by the court upon petition of the party or of the arbitration panel, and shall be served and complied with as provided in Rule 40 of the 1979 Rules of Civil Procedure for the General Court of Justice, App. III of Title 32.
(12) The meetings shall be held with the presence of all the members of the arbitration panel.
The procedures before the arbitration panel shall begin within ten (10) days after it has been sworn in. The court, upon a petition of the arbitration panel and for just cause, may extend said term to a maximum of thirty (30) additional days.
(a) The arbitration panel shall issue a majority report within the term established by the court, which shall not exceed sixty (60) days after the date of its last meeting, to receive the evidence. Said report shall contain its findings on proven facts, statement of what the arbitration panel deems is the applicable point of law and its recommendations, which shall be duly grounded.
(b) The report shall be signed by all the members of the arbitration panel, but any of its members may issue a dissident or concurrent opinion in writing, stating the reason therefor.
(c) The report of the arbitration panel shall be submitted before the judge who presides the part and shall have the effect that said judge attributes to it in the exercise of his discretion.
History —Ins. Code, added as § 41.090 on Dec. 30, 1986, No. 6, p. 927, § 2; May 30, 2002, No. 71, § 1.