Superior Court Chief Justice Coordinates Modifications to Post-Medical Malpractice Screening Panel Practices
Last fall, Mal and I attended a meeting with Superior Court Chief Justice Humphrey and other persons involved in medical malpractice cases. The meeting involved considerable discussion about how hearings were conducted and the perception that the playing field was not always even. Chief Humphrey carefully listened to those concerns and recently issued a statement articulating a new practice for post-panel communications. The text of that statement appears below.
As you can see, the changes include a requirement that any post-hearing communications must include all counsel. This modification will end the practice of conferring separately (and sometimes substantively) with counsel - practices that, at times, have led to perceptions of favoritism. Please give Mal or me a call if you have any questions or concerns about Chief Humphrey’s statement, medical malpractice procedure, or if you have any medical malpractice cases that you would like reviewed.
Best Regards,
Dan and Mal
TO MEMBERS OF THE BAR PRACTICING BEFORE ANY MEDICAL MALPRACTICE PRELITIGATION SCREENING PANEL:
Last September, Panel Chairs Marilyn Ashcroft, Leah Sprague and Gail Ogilvie met with the members of the Med Mal Bar at the Cumberland County Courthouse to discuss various matters of interest regarding the Medical Malpractice Prelitigation Screening Panel process. Among the topics, there was considerable discussion and differing views regarding a practice of informal conversations between Panel Chairs and members of the Bar at the conclusion of some panel proceedings. I have conferred with the Panel Chairs about this issue and, together, we agree that they shall immediately implement the following post–panel practice:
At the conclusion of a Med Mal Panel proceeding, the Panel Chair may converse with all counsel, either in person or by phone, about the concluded proceeding, subject to the following limitations:
- All counsel involved in the panel proceeding must participate in the conversation with the Chair;
- The conversation must occur, if at all, within 30 days of the conclusion of the Panel proceeding; and
- The conversation shall be for the limited purpose of (a) Facilitating the expressed interest of all parties in pursuing settlement discussions and negotiations with the Chair regarding the matter; or (b) Permitting the Chair to convey to counsel the panel members’ unanimous recommendation that the parties make every effort to attempt to settle the matter.
- At no time shall the conversation include, nor shall the Chair be asked to divulge, any aspect of the decision–making discussions by the Panel or by any individual panel member.
If you or your members, acting through you, have any questions or would like to discuss this with me, please do not hesitate to contact me.
Sincerely,
Thomas E. Humphrey
Chief Justice, Maine Superior Court
(207) 822–4123