SECTION 1. Title 10 of the General Laws entitled "COURTS AND CIVIL PROCEDURE — PROCEDURE IN PARTICULAR ACTIONS" is hereby amended by adding thereto the following chapter: 10-19.1-1. Definitions.
(1) “Healthcare provider” means those persons defined in § 5-37.3-3.
(2) “Tribunal” means the panel established by § 10-19.1-2. 10-19.1-2. Medical malpractice tribunal.
(a) Every action for malpractice, error, or mistake against a healthcare provider shall be heard by a tribunal consisting of a justice of the superior court, who shall preside; an attorney licensed to practice law in this state; and a healthcare provider licensed to practice medicine in this state. Each such action shall be heard by said tribunal within fifteen (15) days after the defendant’s answer has been filed.
(b) The attorney and healthcare provider shall be appointed by the presiding justice. The healthcare provider shall, where feasible, be selected from the same or a substantially similar specialty as the defendant healthcare provider, as selected by the superior court justice in a manner the justice determines fair and equitable. Where there are codefendants representing more than one field of health care, the superior court justice shall determine in the justice's discretion who shall represent the healthcare field on the tribunal. 10-19.1-3. Tribunal hearing and standard of review.
(a) The tribunal shall conduct a hearing at which the plaintiff shall present an offer of proof.
(b) The offer of proof shall consist of such evidence as would be admissible at trial.
(c) The tribunal shall determine whether the evidence presented, if properly substantiated, is sufficient to raise a legitimate question of liability appropriate for judicial inquiry or whether the plaintiff’s case is merely an unfortunate medical result.
(d) The tribunal shall not resolve disputed issues of fact, assess credibility, or determine damages. 10-19.1-4. Tribunal finding for the plaintiff. If the tribunal determines that the plaintiff’s offer of proof is sufficient, the action shall proceed in the superior court in the normal course without further restriction. 10-19.1-5. Tribunal finding for the defendant; Bond requirement.
(a) If the tribunal determines that the plaintiff’s offer of proof is insufficient, the plaintiff may proceed with the action only upon filing a bond in the amount of six thousand dollars ($6,000), conditioned upon payment of the defendant’s taxable costs if the plaintiff does not prevail.
(b) Upon a showing that the plaintiff is indigent or that the bond requirement would create an undue hardship, the court may reduce the amount of the bond but may not eliminate the requirement.
(c) Failure to post the required bond within thirty (30) days of the tribunal’s finding shall result in dismissal of the action without prejudice. 10-19.1-6. Effect of tribunal proceedings. The finding of the tribunal shall be admissible as evidence at trial. 10-19.1-7. Costs and compensation.
(a) Tribunal members other than the presiding justice shall be compensated at a rate established by the chief justice of the supreme court.
(b) Costs associated with tribunal proceedings shall be taxed as costs in the action at the discretion of the court. 10-19.1-8. Rules. The chief justice of the supreme court shall promulgate rules and fee schedules necessary to implement the provisions of this chapter.
SECTION 2. This act shall take effect upon passage and shall apply to all medical malpractice actions filed on or after January 1, 2027.
