10 Guam Code Ann. § 11103
Terms Used In 10 Guam Code Ann. § 11103
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(a) A medical liability insurance which can be operated at reasonable cost for the purpose of providing prompt, equitable compensation to those sustaining injuries from improper medical care.
(b) Primary consideration shall be given, but not limited to establish an insurance system which can be underwritten by private insurers on a self- supporting basis using actuarially sound rates.
(c) If the Governor finds that no insurance system bearing the goal of the plan can be underwritten by private insurers on a self-supporting basis using actuarially sound rates, he shall specify the needed changes in the statutes to create a viable market for medical liability insurance or self- insurance.
(d) The comprehensive report shall include recommendations to the
Legislature for:
(1) Reducing the incidents of medical injuries, including establishing standards of care and procedures for peer review;
(2) Reducing the cost of prosecuting and defending claims and administering the insurance mechanism;
(3) Changes in existing law governing the eligibility of injured persons for compensation and the amount of compensation, including limitations on the time within which compensation may be recovered, and redefinition of the doctrine of informed consent;
(4) Possible changes in existing law to establish a procedure for deferring payment of malpractice claims in case of permanent disability;
(5) Possible changes in existing law to create a physician’s privilege to comment on the work of other physicians in non- judicial
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10 Guam Code Ann. HEALTH AND SAFETY
CH. 11 MEDICAL MALPRACTICE REFORM ACT OF 1975
proceedings to assist in excluding inadequate practitioners from hospital staffs; and
(6) Any other matters or procedures which the Governor considers relevant to the problem of medical malpractice reform in the territory of Guam.
(e) The Governor is authorized and encouraged to make interim reports to the Speaker of the Legislature concerning specific legislative proposals which need immediate consideration.
(f) There is hereby authorized to be appropriated such sums as are necessary to carry out the purposes of the foregoing Section.
SOURCE: GC § 9995.2.