CHAPTER 383

FORMERLY

HOUSE BILL NO. 458

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 68, TITLE 18 OF THE DELAWARE CODE RELATING TO THE COMPENSATION OF MEDICAL MALPRACTICE REVIEW PANELISTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 68, Title 18, of the Delaware Code by striking the existing section and by substituting in lieu thereof the following:

16813. Compensation of Panelists.

Each member of the malpractice review panel shall be paid at the rate of $100 per diem plus actual and necessary expenses incurred in the performance of their official duties, but not to exceed a total of $700 for both expenses and compensation paid to any one member of the panel for one matter. The member of the Commissioner's staff designated to serve as a panel's ex-officio member shall receive only actual and necessary expenses incurred as compensation. The malpractice review panel shall have the authority to assess such costs, up to a maximum amount of $1,000, upon the party or parties against whom the majority opinion of the panel is rendered; provided, however, that this power to assess costs shall be discretionary and the panel shall assess such costs only in those cases where they deem it appropriate. In the event that a judgment shall be entered in any Superior Court action on the same matter, the fees and expenses of the panel may be assessed as costs to the extent allowable above and shall follow such judgment."

Approved July 14, 1992.