015-2 Wyo. Code R. §§ 2-1 - The Claim
(a) Prior to the
filing of a complaint in any court, all malpractice claims against a HCP shall
be filed with and processed by the panel, unless submission to the panel is
waived in accordance with W.S.§
9-2-1519(a), or is subject
to a valid arbitration agreement allowed by law.
(b) Claimants shall submit a case for
consideration by the panel by filing with the Director a claim in writing and
signed by the Claimant or his attorney. Claims may be submitted by mail, fax or
electronic media. Service by mail shall be addressed to:
Director
Wyoming Medical Review Panel
P.O. Box 1507
Casper, Wyoming 82602
(c) The claim shall contain the following,
unless the requested information is not applicable:
(i) The Claimant's name, address and
telephone number. If a Claimant is represented by counsel, the mailing address,
e-mail address, telephone number and fax number of counsel shall also be
included.
(ii) The name and address
of all HCPs against whom the claim has been filed.
(iii) A description of the injury
suffered.
(iv) A statement in
reasonable detail of the elements of the HCP's conduct which are believed to
constitute a malpractice claim, and the dates the conduct occurred.
(v) A medical record release form, signed by
the Claimant, authorizing the panel to obtain access to all HCP records and
information pertaining to the claim and, for the purposes of its consideration
of this matter only, waiving any privilege as to the contents of those records.
Nothing in the statement may in any way be construed as waiving that privilege
for any other purpose or in any other context, in or out of court.
(vi) A statement of the proper venue for the
hearing.
(vii) The names and
addresses of all HCPs having medical records relevant to the claim.
(viii) Any other supplementary information
which is readily available to the claimant.
(d) Upon receipt of a claim, the Director
shall cause a true copy of the claim and medical release form to be served by
registered mail on the HCPs against whom the claim has been filed.
(e)
Docketing. The
Director shall assign a caption and docket number to each claim. All papers,
pleadings, motions, and orders filed thereafter shall contain a reference to
the assigned caption and docket number, a brief designation describing the
dociunent filed and the name, address, and the telephone number of the person
who prepared the document.
(f)
Amendment of
Claim. The claim may be amended once as a matter of right not less
than fourteen (14) days prior to the hearing date. Additional amendments must
be approved by the panel. An amended claim may be answered, but an answer is
not required to an amended claim until the time of hearing.
(g)
Multiple Parties.
When a claim is filed against two (2) or more HCPs, the claim against each HCP
shall be consolidated for hearing unless by stipulation of all parties or at
the discretion of the panel, the claims are heard separately.
Notes
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