Reporting and review of claims

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  • (a) All malpractice claims settled or adjudicated to final judgment shall be reported to the Commissioner of Health by the plaintiff's attorney and by the health care provider or his insurer within sixty (60) days following final disposition of the claim. The report to the Commissioner of Health shall state the following:

    • (1) nature of the claim;

    • (2)

      • (i) the amount of any settlement or judgment and the injury involved; or

      • (ii) if plaintiff filed an action in court and did not recover any damages, the damages asserted and the alleged injury.

  • (b) The Commissioner of Health shall forward the name of every health care provider, except a hospital, against whom a settlement is made or judgment is rendered under this subchapter to the appropriate board of professional registration and examination for review of the fitness of the health care provider to practice his profession. In each case the board shall review the health care provider's fitness to practice in the territory, and the board shall have the power, in appropriate cases, to take disciplinary action including—

    • (1) censure;

    • (2) imposition of probation for a determinate period;

    • (3) suspension of the health care provider's license for a determinate period;

    • (4) revocation of the license; and

    • (5) requiring the health care provider to obtain supplementary or review education or training.

  • (c) Review of the health care provider's fitness to practice shall be conducted in accordance with this chapter.


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