Vol. 28, No. 1 #8 (February 2005). Medical Review Panel Brought Back to Life.

• Author: By Amanda Hunkins Newton

Wyoming Bar Journal

2005.

Vol. 28, No. 1 #8 (February 2005).

Medical Review Panel Brought Back to Life

WYOMING LAWYERFebruary 2005/Vol. XXVIII, No. 1Medical Review Panel Brought Back to LifeBy Amanda Hunkins Newton

Following the voters' approval of Amendment C in November, a practice once rejected by the Wyoming Supreme Court has been resurrected. Amendment C amends the Wyoming Constitution to allow the Legislature to enact one of two mandatory pre-filing procedures in a suit alleging malpractice against a health care provider. The ballot language of Amendment C reads as follows:

"This amendment would allow the Wyoming legislature to enact laws requiring alternative dispute resolution or medical panel review before a person files a lawsuit against a health care provider for injury or death."

The medical review panel is not a new concept to Wyoming lawyers. The Wyoming Medical Review Panel Act, Wyo. Stat. 9-2-150 1 et seq., was passed by the Wyoming Legislature in 1986. The panel was operational in Wyoming until 1988 when the Wyoming Supreme Court struck it down as unconstitutional in Hoem v. State, 756 P.2d 780 (Wyo. 1988). In Hoem, it was argued that the screening panel process mandated before a lawsuit could be filed against a health care provider violated equal protection by imposing an additional burden for alleged victims of malpractice, i.e., the medical review panel. The Wyoming Supreme Court agreed. In Hoem, the Court found that the "additional hurdle in the path of medical malpractice victims" was a denial of equal protection. Id. at 783.

In 2004, the Wyoming legislature turned its attention once again to the review panel concept. This time, however, they passed a resolution proposing an amendment to the Wyoming Constitution. Amendment C allowed for the enactment of mandatory alternative dispute resolution or screening by a medical review panel before any person could file suit against a health care provider for injury or death. The voters of Wyoming passed Amendment C last November and by doing so allowed the legislature to enact either option.

The Fifty-Eighth Wyoming Legislature is now in session. While the voters gave the go-ahead to the legislature to enact either pre-filing procedural option, i.e., mandating alternative dispute resolution or a medical review panel, it is up to the legislature to determine...