Guam § 11103 - Report and Recommendation.

§ 11103. Report and Recommendation.

Within thirty (30) days after the effective date of this Chapter, the

Governor of Guam, in cooperation and consultation with appropriate local,

state and Federal agencies and representatives of the general public, shall

prepare and submit to the Legislature a report of his recommendations along

the following goals:

(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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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.