Printable Format65-4907. Compensation of panel members; assessment of costs. (a) Each health care provider member of the screening panel shall be paid a total of $500 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court, and in addition thereto, reasonable travel expense. The chairperson of the panel shall be paid a total of $750 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court, and in addition thereto reasonable travel expenses. The chairperson shall keep an accurate record of the time and expenses of all the members of the panel, and the record shall be submitted to the parties for payment with the panel's report.
(b) Costs of the panel including travel expenses and other expenses of the review shall be paid by the side in whose favor the majority opinion is written. If the panel is unable to make a recommendation, then each side shall pay ½ of the costs. Items which may be included in the taxation of costs shall be those items enumerated by K.S.A. 60-2003, and amendments thereto.
History: L. 1976, ch. 249, § 7; L. 1986, ch. 229, § 50; L. 1991, ch. 175, § 2; L. 2008, ch. 80, § 8; July 1.
Law Review and Bar Journal References:
"The Medical Malpractice Screening Panel: A Double Edged Sword," Mark J. Sachse, 12 J.K.T.L.A. No. 4, p. 9, 10 (1989).
"Survey of Kansas Tort Law: Part I," William E. Westerbeke and Stephen R. McAllister, 49 K.L.R. 1037 (2001).
CASE ANNOTATIONS
1. Costs listed in K.S.A. 60-2003 of medical malpractice panel under Supreme Court Rule 142 to be assessed pursuant hereto. Smith v. Frazier, 11 Kan App. 2d 212, 215, 717 P.2d 531 (1986).
2. Court may not order prepayment of costs of screening panel when statute requires prevailing party to pay costs. Johnson v. Mehta, 266 Kan. 1060, 1065, 974 P.2d 597 (1999).