§ 7002. Claims; arbitration panels; notification

(a) After discovery of an alleged injury, persons asserting a claim based on medical malpractice may submit the claim in writing to arbitration prior to the commencement of any trial as to the claim, but not thereafter, providing that all parties having an interest in the claim agree to arbitration. A patient may not be requested to enter into such an agreement to arbitrate until after the patient is aware of the nature and the existence of the claim. Once a claim has been filed, a party to the proceeding may withdraw and a claim may be withdrawn from arbitration only upon written consent of all the other parties. The arbitration panel shall consist of three persons: a judicial referee selected by the Court Administrator, a layperson selected from the panel of laypersons, and a member of the same profession as the respondent selected insofar as possible from the appropriate list of professionals maintained under section 7001 of this title. The lay and professional members shall be chosen by lot as provided in subsection (c) of this section. If the respondent is not a member of a profession for which a list is established under section 7001 of this title, the professional member of the panel shall be selected from the list of medical doctors. The judicial referee shall preside as chair of the arbitration panel.

(b) Claims under the provisions of this chapter shall be made on forms provided by the Court Administrator and shall be filed with a fee of $25.00 with the Court Administrator, who shall send copies by certified mail, return receipt requested, to all other interested persons.

(c) The Court Administrator shall, within 30 days of the filing of a claim, mail to the parties and their counsel, if any and if known, copies of the list of 12 laypersons and 12 applicable professionals. Within 30 days after such mailing, the parties or their counsel shall meet with the Court Administrator and shall draw the lay and professional members of the arbitration panel by lot, except for those disqualified pursuant to chapter 3 of this title. In addition to challenges for cause which shall be decided by the Court Administrator, each party shall have one peremptory challenge with respect to the judicial referee. In addition to challenges for cause, which shall be decided by its judicial referee, each party shall have a total of three peremptory challenges with respect to the lay and professional panel members. The Court Administrator shall then, with the advice and cooperation of the parties or their counsel, fix a date, time, and place for a hearing on the claim before the arbitration panel, and the parties and their counsel shall be notified in writing accordingly. The facilities of the Superior courthouse or other appropriate facility shall be made available, as convenient, for the purposes of such hearing.

(d) The panel members, other than State employees, shall be compensated at a rate to be fixed by the Court Administrator. The compensation paid shall approximate that compensation allowed to masters appointed pursuant to Rule 53 of the Vermont Rules of Civil Procedure. The judicial referee shall be any Superior Court judge or attorney-at-law qualified to practice in Vermont who shall be selected by the Court Administrator and who will consent to participate in the arbitration proceedings. (Added 1975, No. 248 (Adj. Sess.), § 1.)