TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, December 6, 2018

Puerto Rico Adopts Med Mal Panels

Puerto Rico's governor signed a law creating 13 panels composed of 3 people--including a health expert, a public advocate, and a lawyer or former judge--to review medical malpractice claims.  Claimants, with an exclusion for the indigent, will be required to post a bond-like payment with the panel.  If the panel finds evidence of malpractice, the money will be returned.  The governor hopes it will stem the exodus of doctors from Puerto Rico; of the approximately 1,000 claims each year, 900 are dismissed.  

The exodus from Puerto Rico is widespread, and is largely caused by a weak economy and damage from recent hurricanes.   There are better ways to handle a number of weak claims than adding another layer of delay for all claims, including the good ones.  (It is important to remember that studies also suggest a large number of valid claims are never filed.)  For example, a certificate of merit requirement is more relevant handling the precise problem.

The Province has details.

https://lawprofessors.typepad.com/tortsprof/2018/12/puerto-rico-adopts-med-mal-panels.html

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