SB2788

SECTION 1. The legislature finds that the resolution of disputes in cases involving medical malpractice issues should be improved to assure litigants that the process is equitable and just. A medical malpractice court would provide litigants with increased access to the court system and efficient resolution of medical malpractice disputes. In addition, medical malpractice courts would create a specialized court with jurisdiction over a specific subject matter. The legislature finds that establishing medical malpractice courts would streamline the litigation process and reduce the time and expense involved in litigating medical malpractice matters.

The purpose of this Act is to establish a two-year medical malpractice court pilot project within the State.

SECTION 2. (a) There is established a two-year medical malpractice court pilot project to test this method of reducing time and expense involved in the litigation of medical malpractice claims. The Hawaii supreme court shall select one judicial circuit within the State in which to establish the jurisdiction of the medical malpractice court pilot project.

(b) To the full extent permitted by the constitution and except as otherwise provided by law, the medical malpractice court shall have jurisdiction over all civil actions against any person that is licensed under chapter 453 or 460, Hawaii Revised Statutes, that allege personal injury or death arising out of services rendered within the jurisdiction of the medical malpractice court by the person while the person was acting within the scope of the license or certificate issued to them.

(c) In addition to civil actions specified in subsection (b), the medical malpractice court shall have jurisdiction over:

(1) Any action in which the parties have agreed in writing that any matter arising out of the agreement would be resolved in the medical malpractice court;

(2) Any dispute concerning medical malpractice liability insurance; and

(3) Any other medical malpractice dispute as provided by order of the chief justice of the Hawaii supreme court.

(d) The medical malpractice court, in all causes within its jurisdiction, may grant legal and equitable relief so that all matters in controversy between parties appearing before the court may be completely determined.

(e) The medical malpractice court shall be a court of record. Judgments entered by the medical malpractice court may be appealed to the courts of appeal in the same manner as provided for appeals of judgments of the circuit courts.

(f) There shall be ___ judges in the medical malpractice court who shall be assigned in the same manner as provided for judges of the circuit courts and who shall receive the same salary as judges of the circuit courts.

(g) Judges of the medical malpractice court may not engage in the private practice of law or other gainful pursuit.

(h) Except as specifically provided in this part, all laws of this State applicable to judges of the circuit courts are applicable to judges of the medical malpractice courts.

(i) The chief justice of the Hawaii supreme court shall assign one of the judges of the medical malpractice court to be the presiding judge of the medical malpractice court. The presiding judge, subject to the supervision of the chief justice, shall be responsible for the administration of the medical malpractice court.

(j) The medical malpractice court shall maintain a list of qualified medical experts who may be utilized by the court to provide independent expert opinions to the judges. These experts may provide opinions in writing to the judge or may be called by the judge to testify before the court to clarify or interpret medical testimony or evidence, or for any other purpose the judge deems relevant to the proceedings. The plaintiff and defendant shall equally compensate the court appointed medical expert based on the prevailing fee for medical experts with similar qualifications.

(k) A medical expert appointed pursuant to subsection (j) must meet the following minimum expert witness requirements:

(1) Hold an active license in the same state and in the same profession as the defendant;

(2) Be trained and experienced in the same discipline or school of practice as the defendant and be able to demonstrate by competent evidence that, as a result of training, education, knowledge, and experience in the evaluation, diagnosis, and treatment of the disease or injury which is the subject matter of the lawsuit against the defendant, the individual was substantially familiar with the applicable standards of care and practice as they relate to the act or omission which is the subject of the lawsuit on the date of the incident;

(3) If the defendant is certified by a board recognized by the American Board of Medical Specialties or the American Osteopathic Association, the expert must be certified in the same specialty by a board recognized by the American Board of Medical Specialties or the American Osteopathic Association and must have acknowledged expertise and training directly related to the particular health care or matter at issue; and

(4) Within five years of the date of the alleged occurrence giving rise to the claim, was in active medical practice in the same discipline or school of practice as the defendant or devoted a substantial portion of time teaching at an accredited medical school, or in university-based research in relation to the medical care and type of treatment at issue.

A court appointed medical expert shall have no financial ties or familial relationship with any party to the lawsuit, any expert called to testify, or any attorney representing any party to the lawsuit. The court appointed medical expert shall have no ex parte communications with any party to the lawsuit, except as permitted by the court.

(l) The costs and fees applicable to the medical malpractice courts shall be the same as those applicable to the circuit courts as provided in section 607-5, Hawaii Revised Statutes. No proceeding shall be heard by a medical malpractice court unless the required costs and fees have been prepaid, reduced, or remitted. The fees prescribed by the schedule in section 607-5, Hawaii Revised Statutes, that are applicable to the medical malpractice courts shall be paid to the clerk of the medical malpractice court as costs of court by the person instituting the action or proceeding, or offering the paper for filing, or causing the document to be issued or the services to be performed in the court.

SECTION 3. The presiding judge of the medical malpractice courts shall submit an annual report to the chief justice of the Hawaii supreme court and to the legislature not later than twenty days prior to the convening of each of the regular sessions of 2009 to 2014 on the activities of the medical malpractice court pilot project. The report shall include:

(1) Information and statistics for the previous calendar year concerning the operation of the medical malpractice court;

(2) Recommendations by the presiding judge regarding the clarification or revision of laws and rules relating to medical malpractice and to practice and procedure in the medical malpractice court; and

(3) Recommendations whether the program should be extended or made permanent and funding.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2008-2009, and the same sum, or so much thereof as may be necessary for fiscal year 2009-2010, for purposes of the medical malpractice court pilot project.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2788
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII