CHAPTER 1

GENERAL PROVISIONS

  Section 1. Authority. These rules and regulations are promulgated by the Wyoming Attorney General pursuant to the authority granted the Attorney General and its Director in W. S. § 9-2-1517.

  Section 2. Principal Reason for Adoption of Rules. These rules and regulations are adopted for the purpose of providing procedures for practice before the Wyoming Medical Review Panel, and to implement the policy contained in W. S. § 9-2-1514.

  Section 3. Definitions.

  (a) As used in these rules:

    (i) "Claimant" means the person who submits a case to the panel by filing a claim pursuant to Chapter 2 Section 1, of these rules.

    (ii) "Director" means the Attorney General or his designee.

    (iii) "Health care provider" (hereinafter "HCP") means a person or facility licensed, certified or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession, but does not include a person who provides health care solely through the sale or dispensing of drugs or medical devices;

    (iv) "Malpractice claim" or "claim" means any claim against a HCP for alleged medical treatment, alleged lack of medical treatment, or other alleged departure from accepted standards of health care which results in damage to the patient.

    (v) "Panel" means the medical review panel provided for under the Act.

    (vi) "Reasonable probability" means a factual basis which might lead a reasonable mind to the conclusion. Where there is evidence in the record and room for two opinions, the conclusion must be reached honestly and upon due consideration.

    (vii) "Substantial evidence" means relevant and competent evidence a reasonable mind might accept as adequate to make a finding of fact. It may be less than the weight of the evidence, but it shall not be clearly contrary to the overwhelming weight of the evidence. More is required to meet the burden than a mere scintilla of evidence or suspicion of the existence of a fact to be established.

    (viii) "The act" means W. S. §§ 9-2-1513 through 9-2-1523.

  Section 4. Scope of the Rules. These rules apply to all proceedings before the Wyoming Medical Review Panel established by the act.

  Section 5. Computation of Time. Computation of time periods prescribed or allowed under this act shall be in accordance with Rule 6 of the Wyoming Rules of Civil Procedure.

  Section 6. Data Collection. The Director shall collect data on the ultimate disposition of claims coming before the Panel. Information to be collected includes total number of claims filed, total number of claims proceeding to hearing, hearing outcomes, and the number of cases proceeding to court and their outcome, if available.