Wyo. Code R. 015-0008-4
Effective Date: 11/16/2005 to 11/21/2005
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 015.0008.4.11162005
Section 1. Selection of Chairman. At or prior to the hearing, the panel shall select a chairman from among its members. The chairman shall preside over the panel proceedings or may request a hearing officer from the office of administrative hearings to preside over the panel proceedings.
(a) From the date a claim is filed, the director shall compile and maintain an administrative record consisting of all documents relating to the claim. The director shall make the record available to the claimant and health care provider 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 health care provider 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) The panel may issue subpoenas to compel the attendance of witnesses as provided under the 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 health care provider 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 4. Hearing to be Conducted in Accordance with Panel Rules. All hearings and proceedings shall be conducted in accordance with the rules promulgated by the director.
Section 5. Notice of Time and Place for Hearing. The director shall set a time and place for the hearing and provide notice to all parties at least forty-five (45) days prior to the hearing. The proper place for the hearing shall be the county in which the action is required to be brought according to W. S. 1-5-101 through 1-5-109. 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.
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 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 Administrative Procedure Act.
Section 8. No Hearing if Parties Agree. If the claimant and health care provider agree, the hearing need not be held, and the claim may be determined by the panel on the basis of the record.
(a) At least thirty (30) days prior to the hearing date set, the following parties shall confer, by telephone conference call or personally, with the chairman of the panel or office of administrative hearings: claimant and/or his attorney, the health care provider and/or his attorney 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.
(b) The director shall set up and execute the telephone conference at the panel's expense.
Section 10. Disclosure Statement.
(a) At least twenty (20) days prior to the scheduled hearing, the parties shall file disclosure statements. The disclosure statement shall contain:
(i) a brief statement of the contentions of the party;
(ii) significant uncontroverted facts;
(iii) medical issues to be addressed at the hearing;
(iv) name, address, and a brief description of the testimony of each witness the party intends to present at the hearing;
(v) copies of all exhibits to be introduced.
(b) Six (6) complete copies of the disclosure statement and exhibits shall be
submitted to the Director in order to provide each panel member.
Section 11. Burden of Proof. The claimant shall have the burden of proof in the proceedings before the panel.
Section 12. Order of Presentation of Evidence.
(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 health care providers or excused by the panel chairman or the director 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 health care provider against whom the claim is brought shall be present unless his presence is waived by the claimant or excused by the panel chairman or the director 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 health care provider. Both parties may call witnesses to testify, who shall be subject to cross examination as permitted, in the discretion of the panel. 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 under Section 10, above. Written statements of fact by treating health care providers 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 chairman.
(d) All members of the panel shall have the right to examine the parties and witnesses, subject to the control of the chairman.
Section 13. 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 decision of the panel and any material submitted by the parties thereto may be admissible in whole or in part in any subsequent trial of the matter, subject to the discretion of the trial court, in accordance the Wyoming Rules of Evidence.