Esta ley enmienda el Código de Seguros de Puerto Rico para establecer los factores que los tribunales deben considerar al nombrar un panel de arbitraje en casos de negligencia médico-hospitalaria, con el fin de agilizar los procedimientos y facilitar la comprensión de las controversias médicas.
(Approved May 30, 2002)
To amend Section 41.090 of Act No. 77 of June 19, 1957, as amended, known as the "Insurance Code of Puerto Rico," in order to establish the factors that the courts shall take into consideration when appointing an Arbitration panel to act on claims for damages for fault or negligence for medical-hospital professional malpractice, as established in the Medical-Hospital Liability Insurance Program.
The form of the arbitration panel that is provided in Section 41.090 of Act No. 77 of June 19, 1957, as amended, known as the "Insurance Code of Puerto Rico," is analogous to the form of the "panels" created by Rule 41 of the Rule of Civil Procedure of Puerto Rico of 1979, as amended.
Puerto Rican jurisprudence has shown us the effects of the great responsibility that the abovementioned panels have on the body of laws of the country. The Supreme Court of Puerto Rico has stated, in a non-taxative manner, and keeping in mind the numerus apertus doctrine that the court that considers the appointment of special commissioners or panels for recomendations to said court on a specific case, shall take several factors into consideration when making the decision. These factors have been stated by the Supreme Court in several cases before the consideration of the High Court.
The Legislature of the Commonwealth of Puerto Rico understands that since the legislative spirit is for the concept of arbitration panel contained in
Section 41.090, supra, to function as special commissioners under Rule 41.1 of Civil Procedure, the jurisprudence applicable to the latter, could by logical inference, be applicable to Section 41.090 of the Insurance Code of Puerto Rico.
Section 1.- Section 41.090 of Act No. 77 of June 19, 1957, as amended, known as the "Insurance Code of Puerto Rico," is hereby amended to read as follows: "Section 41.090.- Arbitration panel The Judge of the Court of First Instance before whom a claim is filed for damages for fault or negligence for medico-hospital professional malpractice, may designate an arbitration panel thirty days after the answer to the complaint is filed, or at any other later time when he/she deems it convenient to expedite the procedures and to facilitate a better understanding of the medical controversies involved. The panel shall advise the court and shall produce its findings on the technical aspects of the claim. Provided, that the Court, prior to designating said arbitration panel, shall take into consideration, but without being limited thereto, such factors as the technicality of the litigation, the interests of the parties, the time elapsed from the beginning of the dispute and the status of the courtroom calendar. (1) $\ldots$ (2) $\ldots$ $(\ldots)$ (12) ..." Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 71 (H.B. 1604) of the $3^{ ext {rd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 41.090 of Act No. 77 of June 19, 1957, as amended, known as the "Insurance Code of Puerto Rico," in order to establish the factors that the courts shall take into consideration when appointing an Arbitration panel to act on claims for damages for fault or negligence for medical-hospital professional malpractice, as established in the Medical-Hospital Liability Insurance Program, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $28^{ ext {th }}$ of June of 2004.
Elba Rosa Rodríguez-Fuentes Director