(1) (a) In every action for damages or indemnity based upon the alleged professional negligence of an acupuncturist regulated pursuant to article 200 of title 12 or a licensed professional, the plaintiff's or complainant's attorney shall file with the court a certificate of review for each acupuncturist or licensed professional named as a party, as specified in subsection (3) of this section, within sixty days after the service of the complaint, counterclaim, or cross claim against such person unless the court determines that a longer period is necessary for good cause shown.
(b) A certificate of review shall be filed with respect to every action described in paragraph (a) of this subsection (1) against a company or firm that employed a person specified in such paragraph (a) at the time of the alleged negligence, even if such person is not named as a party in such action.
In the event of failure to file a certificate of review in accordance with this sectionand if the acupuncturist or licensed professional defending the claim believes that an expert is necessary to prove the claim of professional negligence, the defense may move the court for an order requiring filing of such a certificate. The court shall give priority to deciding such a motion, and in no event shall the court allow the case to be set for trial without a decision on such motion.
(a) A certificate of review shall be executed by the attorney for the plaintiff or complainant declaring:
That the attorney has consulted a person who has expertise in the area of the allegednegligent conduct; and
That the professional who has been consulted pursuant to subparagraph (I) of thisparagraph (a) has reviewed the known facts, including such records, documents, and other materials which the professional has found to be relevant to the allegations of negligent conduct and, based on the review of such facts, has concluded that the filing of the claim, counterclaim, or cross claim does not lack substantial justification within the meaning of section 13-17-102 (4).
The court, in its discretion, may require the identity of the acupuncturist or licensedprofessional who was consulted pursuant to subparagraph (I) of paragraph (a) of this subsection (3) to be disclosed to the court and may verify the content of such certificate of review. The identity of the professional need not be identified to the opposing party or parties in the civil action.
In an action alleging professional negligence of a physician, the certificate of reviewshall declare that the person consulted meets the requirements of section 13-64-401; or in any action against any other professional, that the person consulted can demonstrate by competent evidence that, as a result of training, education, knowledge, and experience, the consultant is competent to express an opinion as to the negligent conduct alleged.
The failure to file a certificate of review in accordance with this section shall result inthe dismissal of the complaint, counterclaim, or cross claim.
These provisions shall not affect the rights and obligations under section 13-17-102.
Source: L. 87: Entire part added, p. 549, § 1, effective July 1. L. 89: (1), (3)(a)(II), and (4) amended and (3)(c) added, p. 750, § 1, effective April 12. L. 95: (1), (2), and (3)(b) amended, p. 485, § 6, effective January 1, 1996. L. 98: (1) amended, p. 487, § 1, effective February 1, 1999. L. 2019: (1)(a) amended, (HB 19-1172), ch. 136, p. 1663, § 67, effective October 1.