NC S642

Establishes a 21-member Medical Malpractice Review Board with members appointed by the Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives, consisting of health care providers, attorneys, and public members.

Requires that any medical malpractice complaint alleging violation of the standard of health care must be presented to a panel of seven Board members for review and determination before the complaint can proceed in court.

Panel shall determine by greater weight of evidence whether a health care provider violated the standard of care; if violation is found, complainant shall not be taxed costs if judgment is not obtained in subsequent civil action; if no determination is issued, complainant shall be taxed with all costs including reasonable attorneys' fees.

Tolls applicable statutes of limitation and repose from the time a claim is presented to the Board until issuance of a determination, and shields Board findings, determinations, and confidential information from discovery or subpoena in civil actions.

Initial Board members shall be appointed by September 1, 2011, with terms commencing October 1, 2011; subsequent members serve three-year terms and may be reappointed no more than two times consecutively.