Wyo. Code R. 015-0008-4
Effective Date: 05/15/2014 to Current
Rule Type: Current Rules & Regulations
Reference Number: 015.0008.4.05152014
(a) From the date a claim is filed, the Director shall compile and maintain a record consisting of all documents relating to the claim. The Director shall make the record available to the Claimant and HCP for inspection free of charge and for copying at reasonable cost during all normal business hours at the main office of the Director.
(b) The Claimant and the HCP may obtain discovery only if both consent in writing to one or more methods of discovery, and provided that it does not interfere with the scheduling or conduct of the hearing, and provided that it is not otherwise prohibited by the act.
(a) After the HCP's answer is filed and the Claimant files the expert report, the Director shall set the matter for a scheduling conference. Claimant and/or HCP are not required to be present if represented by counsel.
(b) The purpose of the scheduling conference is to set a timetable in which to conduct the hearing. The scheduling conference shall be conducted in an informal fashion. After completion of the scheduling conference, the Director shall issue an order at least thirty (30) days prior to the hearing, setting the date, time and location of the hearing and notify the parties of the deadline to file disclosure statements, expert reports, and the time and date of a prehearing conference. The hearing date shall not be more than one hundred twenty (120) days after the Director receives the claim unless the Director or panel finds good cause to delay the hearing.
(a) At least twenty (20) days prior to the scheduled hearing, the parties shall file disclosure statements. The disclosure statement shall contain:
(iv) name, address, and a brief description of the testimony of each witness the party intends to present at the hearing;
(v) name, address, qualifications and a brief description of the testimony of each expert witness the party intends to present at the hearing, together with a statement prepared and signed by an expert, setting forth the basis for the expert’s belief the conduct is believed to constitute or disprove malpractice and the evidence currently available to support the expert opinion.
(vi) copies of all exhibits to be introduced.
(b) Six (6) complete copies of the disclosure statement and exhibits shall be submitted to the Director.
(a) At least ten (10) days prior to the hearing date set, the parties shall participate in a telephone conference call with the office of administrative hearings and the Director of the panel. During the pre-hearing conference call, the parties shall consider the following:
(i) Simplification and identification of issues;
(ii) Obtaining of admissions to or stipulations of facts not remaining in dispute and of the authenticity of documents;
(iii) Limitation of the number of expert witnesses to be called and scheduling of their appearances;
(iv) Estimation of length of hearing and, if applicable, consideration of any transcription request;
(v) Any other matters that might aid in expeditious consideration and determination of the claim.
(a) The panel may issue subpoenas to compel the attendance of witnesses as provided under the Wyoming Administrative Procedure Act. Fees for any witness appearing at a hearing under this section shall be paid by the party calling the witness.
(b) Either the Claimant or the HCP may request a subpoena be issued by the panel. The party requesting shall bear the cost of mileage and witness fees in accordance with W. S. § 1-14-102.
Section 6. Panel Members to Receive Pleadings, Records and Documents Before Hearing. At least fifteen (15) days before the hearing the Director shall provide each panel member copies of all claims, briefs, records, disclosure statements and other documents the Director considers necessary.
Section 7. General Considerations. The hearing shall be informal, and the Wyoming Rules of Evidence and, except as specified in this act, the Wyoming Administrative Procedure Act do not apply. No decision of the Director or the panel is subject to review in a court. A record of the hearing shall be made. The panel may issue subpoenas to compel the attendance of witnesses as provided under the Wyoming Administrative Procedure Act.
Section 8. No Hearing if Parties Agree. If the Claimant and HCP agree, the hearing need not be held, or the claim may be determined by the panel on the basis of the record.
Section 9. Burden of Proof. The Claimant shall have the burden of proof in the proceedings before the panel.
(a) At the time set for hearing, the Claimant submitting the case for review shall be present, personally, unless his presence is waived by all HCPs or excused upon a timely request stating the reasons therefore. The Claimant or his counsel shall make a brief introduction of his case, including a summary of the facts constituting the alleged professional malpractice which he is prepared to prove. The HCP against whom the claim is brought shall be present unless his presence is waived by the Claimant or excused upon a timely request stating the reasons therefore. He or his counsel may make an introductory statement of his case.
(b) Claimant shall proceed first with his case, followed by the HCP. Both parties may call witnesses to testify, who shall be subject to cross examination. Medical tests, journals and other documents evidence relied upon by either party may be offered and admitted, if relevant, and if submitted in a timely manner. Written statements of fact by treating HCPs or Claimants may be reviewed.
(c) The hearing will be confidential and informal, and the panel shall retain a record of the hearing. The Wyoming Rules of Evidence shall not apply to hearings before the panel; however, irrelevant, immaterial or unduly repetitious evidence may be excluded by the hearing officer.
(d) All members of the panel shall have the right to examine the parties and witnesses.
Section 11. Additional Proceedings. The panel may take the case under advisement or may request that additional facts, records, witnesses or other information be obtained and presented to it at a supplemental hearing, which shall be set for a date not later than thirty (30) days from the date of the original hearing unless the Claimant or his attorney consents in writing to a longer period.
(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.