reglab/housing_qa huggingface dataset:
18 DE Code § 6814. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter III. Medical Negligence Review Panels|§ 6814. Medical negligence review panels in federal court action.

§ 6814. Medical negligence review panels in federal court action. The Commissioner shall convene medical negligence review panels in the manner set forth in this subchapter upon request of a Federal District Court Judge sitting in a civil action in the District of Delaware alleging medical negligence in the manner instructed by the said federal court, but also in a manner as consistent as possible with the process of selecting such panels provided for in Superior Court actions in this chapter. The selection process of any such panel in a federal court action and its powers and duties shall be subject to the order of that said court and/or such rules as the federal court system shall designate for the implementation of such panels. The Commissioner shall not, however, convene any such panels at the request of any such federal court unless provisions are made for the payment of the compensation and expenses of such panelists and the compensation and expenses of all witnesses called by such panel out of the funds other than those of the General Fund of the State. 60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
18 DE Code § 6820. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter IV. Reporting and Review of Claims|§ 6820. Reports; contents; when due.

§ 6820. Reports; contents; when due. (a) Every insurance carrier providing medical negligence coverage and who pays any amount for insurance coverage for any medical negligence claim shall file a report with the Commissioner within 60 days following the final disposition by agreement, settlement, order, adjudication, or otherwise of such medical negligence claim against the insurance carrier's insured. Such report shall include the following:  (1) The name of the insured. (2) A detailed statement of the medical negligence claim asserted against the insured. (3) A statement detailing the result or final disposition of the claim against the insured, including disclosure of the manner of the resolution or disposition of such claim, the amount ordered, adjudged or agreed to be paid by or on behalf of the insured, the amount paid by such insurance carrier on behalf of the insured as part of that settlement, adjudication or order and the total amount paid by such insurance carrier for attorney's fees, costs and expenses incurred on behalf of the insured. (b) Except as otherwise required by this section or § 6821 of this title, information reported to the Commissioner shall be kept confidential, shall not be subject to disclosure to the public pursuant to the Freedom of Information Act, Chapter 100 of Title 29, or for any other reason, and shall not be subject to subpoena or any other legal process. (c) A standard form to be used by insurance carriers making reports pursuant to this section shall be created jointly by the Commissioner and the Board of Medical Licensure and Discipline. (d) The Commissioner shall, on an annual basis, submit to the General Assembly a report that shall not disclose any personal information but which shall provide the following aggregated statistical information:  (1) The number of separate medical negligence claims resolved or disposed of by agreement, by order, or by adjudication during the immediately preceding calendar year; (2) The type of medical negligence claim made; (3) The average amount paid in settlement of each such claim or the average amount ordered to be paid; and (4) The average amount paid by insurance carriers for attorneys' fees, costs, and expenses incurred in defense of such claims. Following its submission to the General Assembly, the Commissioner shall make the report submitted pursuant to subsection (d) of this section available to the public and to any medical negligence insurance carrier. 60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;  75 Del. Laws, c. 109, §  1;  77 Del. Laws, c. 319, §  1;
18 DE Code § 6821. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter IV. Reporting and Review of Claims|§ 6821. Disciplinary action.

§ 6821. Disciplinary action. (a) The Commissioner shall forward the name of every health-care provider against whom a settlement is made or judgment is rendered under this chapter to the appropriate agency for licensure or professional registration and examination for review of the fitness of the health-care provider to practice the profession. In each case involving review of a health-care provider's fitness to practice under this chapter, the agency shall have the power, in appropriate cases, to take the following disciplinary action:  (1) Censure, public or private; (2) Imposition of probation for determinate period; (3) Suspension of the health-care provider's license for a determinate period; (4) Revocation of the license; or (5) In the instance of institutional or corporate providers, the ordering of temporary or permanent cessation of the particular program, procedure or service resulting in the claim or judgment, and/or the ordering, monitoring and evaluation of corrective action necessary to bring such activity into compliance with contemporary standards. (b) Review of the health-care provider's fitness to practice shall be conducted in accordance with the applicable procedures set forth in Title 16 or 24, or other applicable provisions, and shall include a determination of whether a provider has been shown to be unfit to continue the practice of the profession because of a series of actions presumed to be medical negligence, because of verdicts or settlements against the provider, or because of a single case in which the act or omission is considered to include gross negligence on the provider's part. 60 Del. Laws, c. 373, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 373, §  3;
18 DE Code § 6831. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6831. Plan of operation.

§ 6831. Plan of operation. (a) Within 45 days following the creation of the Association, the directors of the Association shall submit to the Commissioner for the Commissioner's review a proposed plan of operation, consistent with this chapter. (b) The plan of operation shall provide for economic, fair and nondiscriminatory administration and for the prompt and efficient provision of insurance, and shall contain other provisions including, but not limited to, preliminary assessment of all members for initial expenses necessary to commence operations, establishment of necessary facilities, management of the Association, assessment of members to defray losses and expenses, Commission arrangements, reasonable and objective underwriting standards, acceptance and cession of reinsurance, appointment of servicing carriers or other servicing arrangements and procedures for determining amounts of insurance to be provided by the Association. (c) The plan of operation shall be subject to approval by the Commissioner after consultation with the directors of the Association, representatives of the public and other affected individuals and organizations. If the Commissioner disapproves all or any part of the proposed plan of operation, the directors shall within 15 days submit for review an appropriate revised plan of operation or part thereof. If the directors fail to do so, the Commissioner shall promulgate a plan of operation or part thereof, as the case may be. The plan of operation approved or promulgated by the Commissioner shall become effective and operational upon order of the Commissioner. (d) Amendments to the plan of operation may be made by the directors of the Association, subject to the approval of the Commissioner, or shall be made at the direction of the Commissioner. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6833. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6833. Stabilization Reserve Fund.

§ 6833. Stabilization Reserve Fund. (a) There is hereby created a Stabilization Reserve Fund. The Fund shall be administered by 3 directors, 1 of whom shall be the Commissioner or the Commissioner's deputy. The remaining 2 directors shall be appointed by the Commissioner. One shall be a representative of the Association; the other a representative of its policyholders. (b) The directors shall act by majority vote with 2 directors constituting a quorum for the transaction of any business or the exercise of any power of the Fund. The directors shall serve without salary, but each director shall be reimbursed for actual and necessary expenses incurred in the performance of his or her official duties as a director of the Fund. In the absence of fraud or wilful misconduct, the directors shall not be subject to any personal liability or accountability with respect to the administration of the Fund. (c) Each policyholder shall pay to the Association a Stabilization Reserve Fund charge equal to one third of each premium payment due for insurance through the Association. Such charge shall be separately stated in the policy. The Association shall cancel the policy of any policyholder who fails to pay the Stabilization Reserve Fund charge. (d) The Association shall promptly pay to the trustee of the Fund all Stabilization Reserve Fund charges which it collects from its policyholders and any retrospective premium refunds payable under the group retrospective rating plan authorized by this subchapter. (e) All moneys received by the Fund shall be held in trust by a corporate trustee selected by the directors. The corporate trustee must be authorized to act as a corporate trustee in the State. The corporate trustee may invest the moneys held in trust, subject to the approval of the directors. All investment income shall be credited to the Fund. All expenses of administration of the Fund shall be charged against the Fund. The moneys held in trust shall be used solely for the purpose of discharging, when due, any retrospective premium charges payable by policyholders of the Association under the group retrospective rating plan authorized by this chapter. Payment of retrospective premium charges shall be made by the directors upon certification to them by the Association of the amount due. If all moneys accruing to the Fund are finally exhausted in payment of retrospective premium charges, all liability and obligations of the Association's policyholders with respect to the payment of retrospective premium charges shall thereupon terminate and shall be conclusively presumed to have been discharged. Any moneys remaining in the Fund after all such retrospective premium charges have been paid shall be returned to policyholders in proportion to their policy premiums under procedures authorized by the directors. 60 Del. Laws, c. 373, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 6834. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6834. Procedures.

§ 6834. Procedures. (a) Any licensed physician, hospital or other licensed health-care provider shall, on or after the effective date of the plan of operation, be entitled to apply to the Association for such coverage. (b) If the Association determines that the applicant meets the underwriting standards of the Association as prescribed in the plan of operation and there is no unpaid, uncontested premium due from the applicant for prior insurance (as shown by the insured having failed to make written objection to the premium charges within 30 days after billing), then the Association, upon receipt of the premium, or such portion thereof as is prescribed in the plan of operation, shall cause to be issued a policy of health-care medical negligence insurance. 60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
18 DE Code § 6835. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6835. Participation.

§ 6835. Participation. All insurers which are members of the Association shall participate in its writings, expenses, servicing allowance, management fees and losses in the proportion that the net direct premiums of each such member (excluding that portion of premiums attributable to the operation of the Association) written during the preceding calendar year bears to the aggregate net premiums written in this State by all members of the Association. Each insurer's participation in the Association shall be determined annually on the basis of such net direct premiums written during the preceding calendar year, as reported in the annual statements and other reports filed by the insurer with the Commissioner. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6836. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6836. Directors.

§ 6836. Directors. The Association shall be governed by a board of 11 directors, to be elected annually. Eight directors shall be elected by cumulative voting by the members of the Association whose votes in such election shall be weighted in accordance with each member's net direct premiums written in the areas of insurance determining membership in the Association during the preceding calendar year. Three directors shall be appointed by the Commissioner as representatives of health-care providers. The 8 member companies serving on the first board shall be elected at a meeting of the members held at a time and place designated by the Commissioner. The Commissioner shall appoint the other 3 directors serving on the first board on or before the date of such meeting from lists of names tendered to the Commissioner by all interested health-care provider groups. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6837. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6837. Appeals and judicial review.

§ 6837. Appeals and judicial review. (a) Any applicant to the Association, any person insured pursuant to this subchapter, or their representatives, or any affected insurer, may appeal to the Commissioner within 30 days after any ruling, action or decision by or on behalf of the Association with respect to those items the plan of operation defines as appealable matters. (b) All orders of the Commissioner made pursuant to this chapter shall be subject to judicial review as provided in § 328 of this title. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6838. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6838. Annual statements.

§ 6838. Annual statements. The Association shall file in the office of the Commissioner, annually on or before March 1, a statement which shall contain information with respect to transactions, condition, operations and affairs during the preceding year. Such statement shall contain such matters and information as are prescribed and shall be in such form as is approved by the Commissioner. The Commissioner may, at any time, require the Association to furnish additional information with respect to its transactions, condition or any matter connected therewith considered to be material and of assistance in evaluating the scope, operation and experience of the Association. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6839. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6839. Examinations.

§ 6839. Examinations. The Commissioner shall make an examination into the affairs of the Association at least annually. Such examination shall be conducted and the report thereon filed in the manner prescribed in Chapter 3 of this title. The expenses of every such examination shall be borne and paid by the Association in the manner prescribed by § 326 of this title. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6840. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6840. Privileged communications.

§ 6840. Privileged communications. There shall be no liability on the part of, and no cause of action of any nature shall arise against the Association, the Commissioner, or authorized representatives or any other person or organization, for any statements made in good faith by them during any proceeding or concerning any matters within the scope of this chapter. 60 Del. Laws, c. 373, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 6841. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter V. Joint Underwriting Association|§ 6841. Public officers or employees.

§ 6841. Public officers or employees. No member of the board of directors of the Stabilization Reserve Fund who is otherwise a public officer or employee shall suffer a forfeiture of his or her office or employment or any loss or diminution in the rights and privileges appertaining thereto, by reason of membership on the board of directors of the Stabilization Reserve Fund. 60 Del. Laws, c. 373, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 6850. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VI. General Provisions|§ 6850. Legal terms as at common law.

§ 6850. Legal terms as at common law. Any legal term or word of art used in this chapter, not otherwise defined, shall have such meaning as is consistent with the common law. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6851. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VI. General Provisions|§ 6851. Agreement assuring result to be in writing.

§ 6851. Agreement assuring result to be in writing. No liability shall be imposed upon any health-care provider on the basis of an alleged breach of contract, express or implied, assuring results to be obtained from undertaking or not undertaking any diagnostic or therapeutic procedure in the course of health care, unless such contract is set forth in writing and signed by such health-care provider or by an authorized agent of such health-care provider. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6852. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VI. General Provisions|§ 6852. Informed consent.

§ 6852. Informed consent. (a) No recovery of damages based upon a lack of informed consent shall be allowed in any action for medical negligence unless:  (1) The injury alleged involved a nonemergency treatment, procedure or surgery; and (2) The injured party proved by a preponderance of evidence that the health-care provider did not supply information regarding such treatment, procedure or surgery to the extent customarily given to patients, or other persons authorized to give consent for patients by other licensed health-care providers in the same or similar field of medicine as the defendant. (b) In any action for medical negligence, in addition to other defenses provided by law, it shall be a defense to any allegation that such health-care provider treated, examined or otherwise rendered professional care to an injured party without his or her informed consent that:  (1) A person of ordinary intelligence and awareness in a position similar to that of the injured party could reasonably be expected to appreciate and comprehend hazards inherent in such treatment; (2) The injured party assured the health-care provider he or she would undergo the treatment regardless of the risk involved or that he or she did not want to be given the information or any part thereof to which he or she could otherwise be entitled; or (3) It was reasonable for the health-care provider to limit the extent of his or her disclosures of the risks of the treatment, procedure or surgery to the injured party because further disclosure could be expected to affect, adversely and substantially, the injured party's condition, or the outcome of the treatment, procedure or surgery.60 Del. Laws, c. 373, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 373, §§  2, 3;
18 DE Code § 6854. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VI. General Provisions|§ 6854. Expert witness.

§ 6854. Expert witness. No person shall be competent to give expert medical testimony as to applicable standards of skill and care unless such person is familiar with the degree of skill ordinarily employed in the field of medicine on which he or she will testify. 60 Del. Laws, c. 373, §  1;  62 Del. Laws, c. 274, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 415, §  1;
18 DE Code § 6855. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VI. General Provisions|§ 6855. Punitive damages.

§ 6855. Punitive damages. In any action for medical negligence, punitive damages may be awarded only if it is found that the injury complained of was maliciously intended or was the result of wilful or wanton misconduct by the health-care provider, and may be awarded only if separately awarded by the trier of fact in a separate finding from any finding of compensatory damages which separate finding shall also state the amounts being awarded for each such category of damages. Injuries shall not be considered maliciously intended in instances in which unforeseen damage or injury results from intended medication, manipulation, surgery, treatment or the intended omission thereof, administered or omitted without actual malice or if the intended treatment is applied or omitted by mistake to or for the wrong patient or wrong organ. 60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
18 DE Code § 6857. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VI. General Provisions|§ 6857. Savings clause.

§ 6857. Savings clause. This chapter applies to actions, cases and proceedings brought after April 26, 1976, and also applies to any further conduct of actions, cases and proceedings then pending, except to the extent that application of this chapter would not be feasible, or would work injustice, in which event former procedures apply. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6858. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VI. General Provisions|§ 6858. Tail coverage for Veterans Administration hospital surgeons.

§ 6858. Tail coverage for Veterans Administration hospital surgeons. No insurance policy sold or delivered in this State providing insurance for acts of medical negligence or malpractice shall revoke the tail coverage of a retired physician as a consequence of that physician ending that physician's retirement for the specific and sole purpose of practicing medicine at a Veterans Administration facility in the State. Any contract language inconsistent with this section is void under Delaware law. 76 Del. Laws, c. 417, §  2;  70 Del. Laws, c. 186, §  1;