(a) There is established within the Office of the Commissioner of Health a Medical Malpractice Action Review Committee (referred to in the rest of this section as “the Committee”) the purpose of which shall be to arrange for expert review of all malpractice claims before actions based upon such claims are commenced in court. The members of the Committee shall be the:
(1) Commissioner of Insurance who shall be the Chairman
(2) President of the Virgin Islands Bar Association or his designee who shall be an attorney admitted to practice in the territory, and
(3)
(i) President of the Virgin Islands Medical Society or his designee who shall be a health care provider licensed under the laws of the territory, and, if a nurse is named as a defendant, the President of the Virgin Islands Nurses' Association or his designee, or
(ii) President of the Virgin Islands Nurses' Association or his designee if only a nurse, or a nurse and institution, is named as defendant.
(b) No action against a health care provider may be commenced in court before the claimant's proposed complaint has been filed with the Committee and the Committee has received the expert opinion as required by this section, provided, that if said opinion is not received by the Committee within ninety days from the date the complaint was filed with the Committee, the claimant may commence his action against the health care provider in court; Provided further, That the commencement of the court action shall not prevent the Committee from obtaining the expert opinion.
(c) The proposed complaint shall be deemed filed when a copy is delivered or mailed by registered or certified mail to the Commissioner of Health, who shall immediately forward a copy to each health care provider named as a defendant at his last and usual place of residence or his office and said health care provider may file a proposed answer to the complaint to the committee within twenty (20) days. The proposed answer shall be deemed filed when a copy is delivered or mailed by registered or certified mail to the Commissioner of Health, who shall immediately forward a copy to the plaintiff.
(d) The Committee shall determine, after expiration of the date for receipt of the defendant's proposed answer, the type of medical expert or experts who are needed to review the malpractice claim.
(1) The Committee shall arrange for the expert to review the medical records and the legal papers submitted to the Committee and to submit to the Committee an opinion in writing concerning whether or not the defendant acted or failed to act within the appropriate standards of medical care as charged in the proposed complaint. The Committee may provide for the expert to examine the patient if the Committee determines such examination to be necessary.
(2) In order to fulfill its duties under this section, the Committee shall have the right and duty to request all necessary information from health care providers including hospitals, and said providers shall have the duty to supply such information to the Committee. The Committee may examine reports of such other health care providers which records are necessary to fully inform itself regarding the issue to be decided. If a health care provider, other than a hospital, refuses to provide reports requested by the Committee, the Committee shall report said failure to the appropriate licensing board, and said licensing board shall institute disciplinary proceedings. The licensing board shall take appropriate disciplinary action which may include suspension or revocation of the health care provider's license.
(3) The cost of obtaining expert opinion as required by this section shall be funded by the Medical Expert Fund created by 33 Virgin Islands Code, section 3042.
(4) The expert opinion or opinions received by the Committee shall be available immediately upon receipt by the Committee of said opinion or opinions. Upon receipt by the Committee of an expert opinion, the Commissioner of Health shall immediately forward a copy of the opinion to the plaintiff and defendant. An expert opinion obtained by the Committee pursuant to this section shall be available to either party in an action subsequently brought by the plaintiff in a court in this territory. However, if either party wishes to call the expert as a witness, the party must do so at his own cost.
(e) A Committee member shall have absolute immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of duties prescribed by this section.