4
EXPLANATION - Matter enclosed in bold-faced brackets
[
thus
]
in the above bill
is not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
such other documents that the neutral or a party deems relevant to the
issue.
(5) If the review session results in the parties' total or partial
agreement concerning which health care provider shall be named and
which shall not be named in an action, or any other issues, it shall be
reduced to writing and a copy thereof furnished to each party.
(6) Any necessary fees and expenses of the neutral with respect to
the review session shall be shared equally by the parties to the
proceeding.
(7) The outcome of the review session shall be filed with all parties
to the proposed action, including the health care provider's medical
malpractice insurer, within 10 days of the date of completion of the
session.
(8) The department shall adopt such rules and regulations, pursuant
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), necessary to administer information sessions.
f. Informal pre-claim review fact-gathering may be used by a party to
obtain sworn statements, the production of documents or other materials,
and physical and mental examinations, as follows:
(1) A party may require other parties to appear for the taking of a
sworn statement. The statement may be used only for the purpose of
pre-claim review and is not discoverable or admissible in any civil action
for any purpose by any party, except for the purpose of impeaching the
testimony of a witness at trial. A party desiring to take the sworn
statement of another party shall give reasonable notice in writing to all
parties. The notice shall state the time and place for taking the statement
and the name and address of the party to be examined. Unless otherwise
impractical, the examination of a party must be done at the same time by
all other parties. Any party may be represented by counsel at the taking
of a sworn statement. A sworn statement may be recorded
electronically, stenographically or on videotape. The taking of sworn
statements is subject to the provisions of the New Jersey Rules of Court
governing civil practice and may be terminated for abuses.
(2) Any party may request provision of documents or other materials.
The documents or other materials shall be produced, at the expense of
the requesting party, within 20 days after the date of receipt of the
request. A party shall produce requested documents or other materials
within that party's possession or control.
(3) A prospective defendant may require an injured prospective
claimant to appear for examination by an appropriate health care
provider. The prospective defendant shall give reasonable notice in
writing to all parties as to the time and place for examination. Unless
otherwise impractical, a prospective claimant is required to submit to
only one examination on behalf of all potential defendants. The
practicality of a single examination shall be determined by the nature of
the potential claimant's condition, as it relates to the liability of each
potential defendant. The examination report is available to the parties
and their attorneys upon payment of the reasonable cost of reproductions
and may be used only for the purposed of pre-claim review. Otherwise,
the examination report is confidential.
g. Each request for, and notice concerning, informal pre-claim
review fact-gathering pursuant to this section shall be in writing, and a
copy thereof shall be sent to all parties. The request or notice shall shall
be sent by certified or registered mail.
